1. SLP against order dismissing application under Section 482 Cr.P.C. to quash FIR for offences allegedly committed outside India. (Para 1 )
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2022 Supreme(SC) 730
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
Advocates:
Advocate Appeared:
For the Appellant : Mr. M Srinivas R Rao, Mr. Abid Ali Beeran P, Mr. Sarath S Janardanan, Adv.
Advocate Appeared:
For the Appellant : Mr. M Srinivas R Rao, Mr. Abid Ali Beeran P, Mr. Sarath S Janardanan, Adv.
IMPORTANT POINT
For offences committed by a citizen of India outside country previous sanction of Central Government under Section 188, Cr.P.C. is mandatory.
Headnote:
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.
Legal Category Hierarchy
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practice and procedure
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criminal procedure
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sanction for prosecution
- offences committed outside india (Para 1)
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sanction for prosecution
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criminal procedure
Table of Contents
2. Whether sanction from the Central Government under Section 188 Cr.P.C. is required for the initiation of investigation for offences committed outside India. (Para 1 )
3. Sanction under Section 188 Cr.P.C. for offences committed by Indian citizens abroad is not required at the cognizance stage but is mandatory before trial commencement. (Para 1 )
4. Previous sanction of the Central Government under Section 188 Cr.P.C. is not required for cognizance of offences committed abroad but is necessary before trial. (Para 1 )
5. Special Leave Petition dismissed; petitioner granted liberty to raise the issue of sanction before the commencement of the trial. (Para 2 , 3 )
6. Is Central Government sanction under Section 188 Cr.P.C. required at the stage of cognizance for offences committed by an Indian citizen outside India?
No, 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. (Para 1 )
7. When is the sanction of the Central Government mandatory for the prosecution of an Indian citizen for offences committed outside India?
The trial of a criminal case for offences committed by an Indian citizen outside the country cannot commence without sanction being accorded under Section 188 Cr.P.C. (Para 1 )
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.
