REMLA Vs. S P OF POLICE

JUDGEMENT

(1.) REGARDING the death of one Sulaiman, a complaint has been filed by his mother, widow and brother before the Sub Inspector of Police, Tanur (in Malappuram District). In the complaint it is specifically mentioned that they suspect one Ali to have murdered Sulaiman on 21.6.1991 at Sharjah in United Arab Emirates. Ex.P-3 complaint, according to the petitioners, was not accepted by the Sub Inspector of Police on the ground that the alleged offence was committed outside India Petitioners have, therefore, filed this Original Petition for directing the aforesaid Sub inspector to prepare an F.I.R. and register the crime on the basis of Ex.P-3 complaint and to commence investigation.

(2.) LEARNED Government Pleader contended that the Sub Inspector of Police has justification because no police in this State can enquire into the offence committed beyond the territories of India.

(3.) EVEN when Indian Penal Code was codified, its authors took special care to incorporate two prefatory provisions in a guarded manner. They are Secs.3 and 4 of the Penal Code. Sec.3 of the I.P.C. reads thus: "Any person liable, by any Indian Law, to be tried for an offence committed beyond India, shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India." Sec.4 reads thus: