Central Government in terms of the proviso to Sec.188 of Code of Criminal Procedure, However, the trial could not proceed beyond the cognizance stage ... petition in Crl.O.P.No.25077 of 2009 filed under Sec.482 Cr.P.C and Criminal Revision Petition in Crl
Magistrate
proceed to the stage of Section 200
Cr.P.C, in a case covered by Section
188 Cr.P.C.?
(3) Is a private ... Crl).359/2015
: 13 :
Section 202(1) Cr.P.C.
15. It seems that the court below wants to proceed
under Section 202(1)
Central
Government in pursuance of the proviso to Section 188 of the Code of
Criminal Procedure, 1973, is pleased to accord sanction for inquiry ... Section 203 Cr.P.C or
under Section 204 of IPC. Section 203 of Cr.P.C deals with dismissal of
Criminal complaint. Section
already been obtained for prosecution under Section 197 Cr.P.C. as well as under Section 188 Cr.P.C. It was argued that under ... under Section 193 IPC. Therefore, the act was committed when the judicial proceedings were in continuity and hence the proviso to Section 188
behalf of the Central Government
under the Proviso to Section 188 of Code of Criminal
Procedure 1973 vide which sanction was accorded for
enquiry ... Section 419 , 420 and 471 IPC
were committed by him on foreign land.
Thus the sweep of Section 3 and 4 of
Indian Penal Code
situation
sanction of the Central Government was required under Section 188 of
CrPC, which has not been obtained.
16. He refers to paragraph ... been done in
compliance with Section 58 of PMLA and Section 188 of CrPC. The
mandate of Section 58 requires that the letter
situation
sanction of the Central Government was required under Section 188 of
CrPC, which has not been obtained.
16. He refers to paragraph ... been done in
compliance with Section 58 of PMLA and Section 188 of CrPC. The
mandate of Section 58 requires that the letter
situation
sanction of the Central Government was required under Section 188 of
CrPC, which has not been obtained.
16. He refers to paragraph ... been done in
compliance with Section 58 of PMLA and Section 188 of CrPC. The
mandate of Section 58 requires that the letter
country."
54. A bare reading of the Section would indicate that the
provisions of Section 188 Cr.P.C. would apply in the case ... primordial requirement for invoking the provisions of Section 188
Cr.P.C. is the person committing the offence and the place where the
offence
alleged offence was
commissioned outside India and would be governed by Section 188 Cr.P.C.
25. Accordingly, it is prayed that the present Petition ... scope of Section 188 of the
Code and there was no necessity of any sanction as mandated
by the proviso to Section 188 . We, therefore