PUNEET OBEROI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the chargesheet dated 01.09.2013 and the summoning order dated 07.10.2013 passed by the Chief Judicial Magistrate, Dehradun in Case No. 2775 of 2013 titled as State v. Puneet Oberoi, under Sections 498 -A, 323 & 504 IPC. The applicant also seeks to quash the proceedings of the aforementioned criminal case pending before the said court.

(2.) AN FIR was lodged by respondent No. 2 (Smt. Seema - victim) against the accused -applicant on 30.07.2013 at Police Station Kotwali Sadar, District Dehradun for the offences punishable under Sections 498 -A, 323 & 504 IPC. After the investigation, a charge -sheet was submitted against the accused -applicant for the selfsame offences. The cognizance was taken by the Magistrate concerned, vide order dated 07.10.2013 and accused -applicant was summoned to face the trial for the selfsame offences. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicant. According to the informant -victim, she was married to the applicant 12 years ago according to Hindu rites and rituals.

(3.) MUCH emphasis is laid on Section 188 Cr.P.C. by learned counsel for the applicant that Section 188 Cr.P.C. deals with the offence committed outside India. It says that when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere or by a person not being such citizen on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found. The proviso to Section 188 Cr.P.C. says that no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.