MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) THE writ petition raises the question of the jurisdiction of the Kerala Police, in the context of S. 4 of the indian Penal Code and Ss. 4 and 188 of the Criminal Procedure Code, to conduct investigation against the petitioner, who is an Indian citizen, in respect of certain offences said to have been committed by the petitioner in the United arab Emirates against respondents 5 and 6 in writ petition, who had lodged Ext. P1 complaint dated 17-12-1990 in the State of Kerala.

(2.) IT is the case of respondents 5 and 6 in the complaint, Ext. P1 dated 17-12-1990, that the writ petitioner, while working as manager in the Shop of the fifth respondent in the U. A. E. had diverted to his own accounts a sum of 7,82,737 UAE Dirhams. Total sumis said to be about Rs. 90 lakh s. Petitioner, it is alleged, is guilty of criminal misappropriation of funds. The fifth respondent lodged a complaint with the Al A in Civil Court and by the time the Court passed a prohibitory order preventing the petitioner from leaving UAE, petitioner escaped to India, via.Jordan . IT is alleged that the money acquired by the above said misappropriation has been sent to India through various Banks, to his accounts. Some money was allegedly smuggled into India through clandestine methods. These acts, it is alleged, amount to dishonest misappropriation, criminal breach of trust and cheating.

(3.) THE points that arise for consideration are: (1) What are the principles applicable in regard to extra-territorial jurisdiction of Criminal Courts in respect of an offence by an Indian citizen which is assumed to have been completed in a foreign country? (2) What is the scope and effect of S. 4 of the Indian penal Code read with Ss. 4 ,188 , 2 (g) and 2 (h) of the code of Criminal Procedure?