prior sanction of the Central Government, as contemplated under Section 188 of the Criminal Procedure Code.
2. At the out set, it is required ... Magistrate, Navasari); that in view of the provisions of Section 188 of the Criminal Procedure Code, prior sanction of the Central Government is required
necessary to simultaneously consider provisions of Section 188 of the Code of Criminal Procedure. The said Section pertains to Offence Committed Outside India and falls ... criminal Courts.
28 Hence, on conjoint reading of provisions of Section 4 of the Indian Penal Code and Section 188 of the
instant case? Neither Section 188 of the Indian Penal Code nor Section 144 of the Code of Criminal Procedure empowers the Executive to threaten ... vires their powers and also ultra vires Section 144 of the Code of Criminal Procedure, Section 188 of the Indian Penal Code and Articles
settled law that the invocation of Section 188 of
IPC is subject to the provisions of Section 195
Cr.P.C.
17. At this stage ... under Section 188 IPC in the absence
of a written complaint by the officer
authorised for that purpose, the conviction
under Section 188 IPC
Court's attention to the provisions contained in Section 188 of the Criminal Procedure Code. It deals with offence committed outside India. It says ... provisions contained in Section 4 of Indian Penal Code and Section 188 of Criminal Procedure Code, the trial Court has no jurisdiction to initiate
document
on record, it may be noted that Section 188 of Criminal Procedure
Code would have no application in the present case. The said Section ... obtaining his passport at
Mumbai. For obvious reasons, therefore, Section 188 of the Criminal
Procedure Code has no application.
7. With
respect to the provisions
present revision application under Section 397 read
with Section 401 of the Code of Criminal Procedure, 1973 (for short
" CrPC ... requires close scrutiny.
In view of proviso to Section 188 of the Code of Criminal Procedure, an
inquiry or trial of an offence committed outside
person. The other sections, with similar prescriptions, are
sections 196 to 199 of the Code. Section 195 of the Code has
been enacted ... public servant. The Supreme Court held as under;
"9. Section 195 , Criminal Procedure Code, on which
the question raised is grounded, provides, inter alia
under Section 188
IPC in the absence of a written complaint by the officer
authorised for that purpose, the conviction under Section
188 IPC ... material collected during investigation
provided that procedure laid down in Section 340 Criminal
Procedure Code is followed. Thus no right of the
Page
under
Section 188 of the Indian Penal Code and whereas according to the learned
Advocate Section 195 of the Code of Criminal Procedure clearly states ... Section 195 of the Code of
Criminal Procedure, reproduction of the same herein-below would be
beneficial. Section 195 of the Code of Criminal Procedure
