domiciled there.
According to section 4 'of the Indian -Penal Code and
section 188 of the Code of Criminal Procedure if at the time ... outside India, and that the provisions of section
4 , Indian Penal Code, and section 188 , Criminal Procedure
Code, were fully attracted to the case
offences punishable under Section 120B IPC
and Section 12 of the Passports Act along with the sanction under Section
188 Cr.P.C. The petitioner ... provided for by Section 4 of the IPC and
the procedure to inquire and try it is contained in Section 188
CrPC. Effect
Section 2(h) of Cr.P.C, the police has power to investigate this
type of cases. But Section 188 of Cr.P.C clearly ... falls within Section 309(1) of Criminal Procedure Code.
10. The petitioner's counsel argued that by virtue of Section 57
of
Section 2(h) of Cr.P.C, the police has power to investigate this
type of cases. But Section 188 of Cr.P.C clearly ... falls within Section 309(1) of Criminal Procedure Code.
10. The petitioner's counsel argued that by virtue of Section 57
of
Section 2(h) of Cr.P.C, the police has power to investigate this
type of cases. But Section 188 of Cr.P.C clearly ... falls within Section 309(1) of Criminal Procedure Code.
10. The petitioner's counsel argued that by virtue of Section 57
of
ground that the offence was committed outside India and that Section 188 , Criminal Procedure Code was a bar to the trial of the petitioner ... first proviso of Section 188 , Criminal Procedure Code which was inserted by the amendment of the Criminal Procedure Code in 1923 in the light
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
Section 179 of the Criminal Procedure Code, try the case subject of course to the applicability of the Code of Criminal Procedure to both ... Criminal Procedure Code as for instance where it is a Court situated in an Indian State, Section 179 of the Criminal Procedure Code has obviously
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
