MINGUELIN LOBO Vs. ARCHANA SAWANT

JUDGEMENT

(1.) RULE . By consent of the parties, heard forthwith.

(2.) THE petitioner has invoked the jurisdiction of this Court under Articles 226, 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 to claim the following reliefs : (a) To quash the Order dated 31.1.04 passed by the learned Sessions Judge, North Goa, Panaji; and (b) To send the records and proceedings in Cri. Misc. Application No. 117/03/B to the Court of Chief Metropolitan Magistrate, Esplanade, Mumbai to be dealt with in accordance with law.

(3.) THE controversy centres around Section 187 of the Code which reads as follows: 'Power to issue summons or warrant for offence committed beyond local jurisdiction. (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of Section 177 to 185 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond with or without sureties for his appearance before the Magistrate having such jurisdiction.' (emphasis supplied)