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2011 Supreme(SC) 849

CYRIAC JOSEPH, ALTAMAS KABIR, S.S.NIJJAR
Thota Venkateswarlu – Appellant
Versus
State of A. P. Tr. Princl. Sec. – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • Sanction under Section 188 of the Criminal Procedure Code (Cr.P.C.) is not a precondition for taking cognizance of an offence but is required before the trial begins if the offence was committed outside India by an Indian citizen (!) (!) .

  • The stage of taking cognizance does not require prior sanction from the Central Government; however, the trial cannot proceed beyond this stage without such sanction in cases involving offences committed outside India (!) .

  • For offences committed within India, the Court can proceed with the trial without obtaining prior sanction from the Central Government (!) .

  • The provisions of the Indian Penal Code extend to offences committed by Indian citizens both within and outside India, but the limitations imposed by Section 188 Cr.P.C. regarding sanctions must be observed (!) .

  • The Court emphasized that in cases involving multiple offences, some committed within and some outside India, proceedings can be initiated for offences within Indian jurisdiction without sanctions, but offences outside India require prior sanction before trial (!) (!) .

  • The Court clarified that sanctions are necessary only before the trial begins, not at the stage of cognizance, and that the Magistrate may proceed with the trial for offences committed within India without additional sanctions (!) .

  • The Court disposed of the special leave petition by affirming that proceedings related to offences committed outside India should not proceed without the requisite sanction from the Central Government (!) .

Please let me know if you need further assistance or clarification on any specific aspect.


JUDGMENT

Altamas Kabir, J. —

1. This Special Leave Petition is directed against the judgment and order dated 27th August, 2008, passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Petition No.3629 of 2008 dismissing the Petition filed by the Petitioner under Section 482 Criminal Procedure Code (‘Cr.P.C.’ for short) for quashing the proceedings in Complaint Case No.307 of 2007 pending before the Additional Munsif Magistrate, Addanki. This case raises certain interesting questions of law and to appreciate the same, some of the facts are required to be reproduced.

2. The Petitioner, Thota Venkateswarlu, was married to the Respondent No.2, Parvathareddy Suneetha, on 27th November, 2005, as per Hindu traditions and customs in the Sitharama Police Kalyana Mandapam, Ongole, Prakasam District, Andhra Pradesh. At the time of marriage 12 lakhs in cash, 45 sovereigns of gold and 50,000/- as Adapaduchu Katnam is alleged to have been given to the Accused Nos.1 to 4, who are the husband, the mother-in-law and other relatives of the husband. According to the Respondent No.2, the Petitioner left India for Botswana in January 2006 without taking her along with him. However, in Febr




















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