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2008 Supreme(Cal) 1105

ARUNABHA BASU
Jerry B. Sumanilog – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Sandipan Ganguly, Jyoti Singh for the petitioner
K.A. Ahmed for the State

Judgment

Arunabha Basu, J.

The revisional application under section 482 of the Code of Criminal Procedure is directed to quash proceeding in connection with Sessions Trial Case No. V/April/2006 arising out of Haldia Police Station Case No. 62 dated 21.8.2004, under section 302 of the Indian Penal Code, now pending before the Court of learned Additional Sessions Judge, Fast Track Court, Haldia.

2. Petitioner herein who is a Filipino national (foreigner) is arrayed as accused in connection with the abovenoted case.

3. The only point on which the present revisional application is filed is on the ground that the Court in India have no jurisdiction to try the offence and as such the proceeding against the petitioner, even though for an offence under section 302 of the Indian Penal Code, cannot continue.

4. The matter was agitated before the learned Court below at the stage of consideration of charge but the learned Court below rejected the said prayer about the lack of jurisdiction on the ground that section 2 of the Indian Penal Code makes every person liable to punishment.

5. The learned Court is further of the view that territorial limits of India extends to twelve nautical miles and as su






















































































































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