LAWS(CAL)-2008-12-95

JERRY B SUMANILOG Vs. STATE OF WEST BENGAL

Decided On December 24, 2008
Jerry B Sumanilog Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The revisional application under section 482 of the Code of Criminal Procedure is directed to quash proceeding in connection with Sessions Trial Case No. V/April/2006 arising out of Haldia Police Station Case No. 62 dated 21.8.2004, under section 302 of the Indian Penal Code, now pending before the Court of learned Additional Sessions Judge, Fast Track Court, Haldia.

(2.) Petitioner herein who is a Filipino national (foreigner) is arrayed as accused in connection with the above noted case.

(3.) The only point on which the present revisional application is filed is on the ground that the Court in India have no jurisdiction to try the offence and as such the proceeding against the petitioner, even though for an offence under section 302 of the Indian Penal Code, cannot continue.