SHAIKH BABUJAN Vs. STATE

JUDGEMENT

(1.) The petitioners have been committed to the Court of Session to stand their trial under Section 395. Penal Code. The commitment order states that the accused persons are nationals of India and the place of occurrence is within the territory of Nepal and the proceeding has started after the sanction (certificate) under Section 188, Criminal P. C. was given. On this finding there can be no question that the occurrence took place within the territory of Nepal, a sovereign and independent State, and that the offence was committed outside the territories of India.

(2.) The certificate which the Magistrate speaks about is one issued by the Ambassador of India at the Court of Nepal. If this certificate fulfilled the requirements of Section 188, of the Criminal P. C. then it would be competent for the Courts in India to hold the enquiry and the trial into the offence committed outside India. Section 188 of the Code is as follows:

(3.) The application is accordingly allowed and the order of commitment is quashed. The prosecution would do well to see that the provisions of Section 188, Criminal P. C., are fully complied with, before they attempt to have an enquiry or trial by a Court in India.