regard offences committed outside India under section
4 IPC read with section 188 of The Code of Criminal Procedure , 1973
(hereinafter CrPC ... sections, it is critical to point out
that, corresponding to the substantive law in the sections 3 and 4 IPC,
section 188 CrPC
188 , Proviso-
Construction-Requirements under.
Code of Criminal Procedure 1973- Section 188 , read with
Section, 4 IPC-Offence by Indian Citizen outside India-
Effect ... Therefore, the Code also has territorial operation. The
Code is to consolidate and amend the law relating to
criminal procedure. Section 188 was suitably amended
behalf of the petitioner, submits that as per Section 188 of the Code of Criminal Procedure, the petitioner cannot be tried nor the offences alleged ... seen that under Section 188 of the Criminal Procedure Code, the offence can be enquired into with the prior sanction by the Central Government
ground of bar to taking of
cognizance in view of Section 188 Cr.P.C. Reliance was placed upon
Fatima Bibi Ahmed Patel Vs. State ... Suresh
law but I am of the view that provisions of Section 188 Cr.P.C. cannot
2013.12.11 17:28
I attest to the accuracy
offence under section 420 Indian Penal Code had
arisen. Even in such a case certificate required under section
188 Criminal Procedure Code is necessary ... offence under section 420 , read with section 109 , Indian
Penal Code. Hence the occasion to invoke section 223(b) ,
Criminal Procedure Code does not arise
happened in UK, the prosecution
launched without seeking a sanction under section 188 Cr.P.C is not legal.
For all these reasons, the learned ... outside India. He further contended that in
view of Section 188 of the Criminal Procedure
Code, the Court below could not have taken
cognizance
contended that
offences under Section 406 IPC for criminal breach of trust and
Crl.MC 8865/2019
9
Section 420 IPC for cheating have been ... made out prima
facie against the petitioner under Section 405 I.P.C or under
Section 420 I.P.C. Secondly, it is contended that
judis.nic.in
2/6
Crl.O.P.No.32550 of 2019
under Section 188 of IPC. However an FIR was registered and the
same ... IPC also. In view of Section 195 Cr.P.C no Court shall take
cognizance in respect of the offence under Section 188
hereinbefore, in Ajay Aggarwal Case, it was held that sanction under Section 188 CrPC is not a condition precedent for taking cognizance ... Code of Criminal Procedure , 1973 (in short "the Code") deals with jurisdiction of the criminal courts in inquiries and trials. Sections
complaints the necessary certificate of the Political Agent under Section 188 , Criminal Procedure Code, was not obtained, the complainant has subsequently obtained it. The learned ... learned Magistrate made this order simply because no certificate under Section 188 , Criminal Procedure Code, was produced or he made it as no offences punishable
