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2021 Supreme(SC) 287

INDIRA BANERJEE, M.R.SHAH
Massimilano Latorre – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant :Suhail Dutt, Diljeet titus, Jagjit Singh Chhabra, Ujjwal Sharma, Baljit Singh Kalha, Ninad Laud, Akshat Bhatnagar, Ananyaa Mazumdar, Saksham Maheshwari, Advocates
For the Respondent:Tushar Mehta, Aman Lekhi, S.A. Haseeb, Suhashini Sen, Rajat Nair, B. V. Balaram Das, G. Prakash, Jishnu M.L., Priyanka Prakash, Beena Prakash, C. Unnikrishnan, A. Karthik, Smrithi Suresh, Sreepriya K., Arsh Khan, Advocates

ORDER

M.R. Shah, J.

In an unfortunate incident which took place on 15.02.2012, two fishermen who were onboard the boat "St. Antony" registered in India, namely, Valantine @ Jelestine, aged 44 years and Ajeesh Pink, aged 20 years, while fishing off the coast of Kerala, were fired at from a passing ship (an Italian Vessel M.V. Enrica Lexie), due to which the aforesaid two fishermen died. An FIR being Crime No. 2 of 2012 came to be registered against petitioner nos. 1 & 2 herein for offence punishable under Section 302 IPC and other offences under IPC. That the aforesaid vessel which was registered in Italy was reportedly sailing from Singapore to Egypt. That during the investigation two Italian Marines - petitioner nos. 1 & 2 herein were identified as the ones who had fired at the fishing boat. Petitioner Nos. 1 & 2 were apprehended by the police and produced before the learned Chief Judicial Magistrate, Kollam. Petitioner Nos. 1 & 2 challenged the jurisdiction of the State of Kerala and the Circle Inspector of Police, Kollam, District Kerala to register the FIR, to conduct the investigation or to arrest and produce the Italian Marine Naval officials before the Magistrate by filing Wri

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