JUDGMENT

Y.K. Sabharwal, J.-The interpretation of Section 188 of the Code of Criminal Procedure, 1973 (Code) falls for determination in this petition. The said section reads as under :

"188. Offence committed outside India.-When an offence is committed outside India-

(a) by a citizen of India, whether on the high seas or elsewhere; or

(b) by a person, not being such citizen, on any ship or aircraft registered in India,

he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government."

2. The sole question is about the interpretation of the expression at which he may be found in the aforesaid section. On whom, under Section 188, does the responsibility to find the accused lies- the complainant, the Police or the Court? The question has arisen under the following circumstances:

3. Respondent No. 2, a Dubai based bank, has filed a complaint against the petitioner and another in the Court of