J S MOSES Vs. STATE

JUDGEMENT

(1.) THE petitioners who are the accused in the case registered by the first respondent in Crime No. 2188 of 2002 has filed the above criminal Original Petition praying to call for the records of the said case and quash the same.

(2.) IN the affidavit filed in support of the above criminal Original Petition sworn by the first petitioner, he would submit that the second petitioner is his wife and the third petitioner is his son who married the second respondent herein in U. S. A. , registering the same on 27. 9. 2001 and the couple started residing at Honolulu, Hawaii; that on 8. 11. 2001 the second respondent left Honolulu, Hawaii along with her father, taking all her belongings at her free will and not to come back again, resulting in the third petitioner filing a divorce petition, since his wife deserted him and the said case was filed before the Family Court, First Circuit in the State of Hawaii, U. S. A. , which was even contested by the second respondent and ultimately a decree of divorce was granted, thus dissolving the matrimonial bondage on 24. 5. 2002.

(3.) AT this juncture, the learned counsel would also cite a judgment of the Apex Court reported in A. V. Mohan Rao and another v. M. Kishan rao and another, 2003 (3) CTC 364 : 2002 SCC (Cri) 1281, wherein it is held: Under Sections 4 & 188 of the Cr. P. C. even if the offence is committed by a citizen of India outside the country the same is subject to the jurisdiction of Courts of India.