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1959 Supreme(Cal) 68

S.N.GUHA RAY, R.S.BACHAWAT, K.C.DAS GUPTA
JIBAN BANERJEE – Appellant
Versus
STATE – Respondent


Advocates Appeared:
DALIP KUMAR, I.M.BANERJEE, R.CHAKRAVARTY

DAS GUPTA, CJ.

( 1 ) THIS reference has been made by a Division Bench of this Court as the learned Judges (Guha Ray. J. and N. K. Sen, J.) found themselves in disagreement with the decision of another Division Bench in Bisseswar v Emperor 28 Cal WN 975: (AIR 1924 Cal 1034} on the important question whether a Court which, has jurisdiction to try an offence of conspiracy having been committed within the local limits of its jurisdiction has also jurisdiction to try offences committed in pursuance of the conspiracy, though, committed outside the local limits of the Court's jurisdiction. The question arose before Guha Ray, J. , and N. K. Sen, J. in an application under Section 439 of the Code of Criminal Procedure made by one Jiban Banerjee. Jiban along with 23 other persons were committed to the Court of Sessions, 24 Parganas, by the Police Magistrate, Sealdah, to take their trial on charges under Sections 489-A, 489-B, 489-C and 489-D read with Section 120-B of the Indian Penal Code. Against Jiban there was a charge for a specific offence under Section 489d of the Indian Penal Code alleged to have been committed in pursuance of the conspiracy. There were, it may be mentioned, similar





































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