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SUPREME COURT OF INDIA
L. NAGESWARA RAO, ANIRUDDHA BOSE, JJ.
Nerella Chiranjeevi Arun Kumar – Appellant
Versus
The State Of Andhra Pradesh & Anr. – Respondents
(IA No.64679/2021-Exemption From Filing O.T.) Petition(s) for Special Leave to Appeal (Crl.) No(s). 3978/2021 (Arising out of impugned final judgment and order dated 03-03-2021 in CRLP No. 379/2020 passed by the High Court Of Andhra Pradesh At Amravati)
Decided on : 02-08-2021
Criminal Procedure Code, 1973 – Sections 188 and 482 – Sanction for investigation and trial – Previous sanction of Central Government under Section 188 Cr.P.C. for offences committed by a citizen of India outside country is not required at stage of cognizance – However, trial of criminal case cannot commence without sanction being accorded under Section 188 Cr.P.C. – Order passed by High Court upheld with liberty to Petitioner to raise ground pertaining to sanction before commencement of trial. (Paras 1, 2 and 3)
Facts of the case:
Present Special Leave Petition is filed against an order passed by the High Court dismissing application filed under Section 482 Cr.P.C. to quash the FIR. Contention of the petitioner is that the alleged offences were committed in the USA and in accordance with Section 188 of Cr.P.C., sanction from the Central Government is required even for initiation of investigation of the crime.
Findings of Court:
Petitioner is at liberty to raise the ground pertaining to sanction before the commencement of trial.
Result : Special Leave Petition dismissed.
ORDER :
1. This Special Leave Petition is filed against an order passed by the High Court dismissing the application filed under Section 482 Cr.P.C. to quash the FIR. The contention of the petitioner is that the alleged offences were committed in the USA and in accordance with Section 188 of the Cr.P.C., sanction from the Central Government is required even for initiation of investigation of the crime. This Court in Thota Venkateswarlu vs. State of A.P. Tr. Principal Secretary & Anr. reported in 2011 (9) SCC 527 categorically held that previous sanction of the Central Government under Section 188 Cr.P.C. for offences committed by a citizen of India outside the country is not required at the stage of cognizance. However, this Court makes it clear that the trial of the criminal case cannot commence without sanction being accorded under Section 188 Cr.P.C.
2. In view of the aforesaid findings recorded by this Court in Thota Venkateswarlu (supra), we do not deem it proper to interfere with the order passed by the High Court. The Special Leave Petition is dismissed. Pending application(s), if any, shall stand disposed of.
3. Needless to mention that the petitioner is at liberty to raise the ground pertaining to sanction before the commencement of the trial.
The necessity of prior sanction under Section 188 of the Cr.P.C. for offences committed outside India and the interpretation that in cases where part of the overt acts or at least one instance among ....
Sanction for prosecution – If part of overt acts or at least one instance among overt acts alleged to be committed in India, sanction under Section 188 of Cr.P.C. is not necessary in such cases.
The court established that offences committed partially in India and partially abroad do not require prior sanction under Section 188 of the Cr.P.C. for trial, provided there is a prima facie case.
Prior sanction under Section 188 Cr.P.C is necessary only for trial commencement, not for taking cognizance of the offence.
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