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1924 Supreme(Cal) 601

SUHRAWARDY, MUKERJI
Gunananda Dhone – Appellant
Versus
Lala Santi Prakash Nandy – Respondent


JUDGMENT

Mukerji, J. - Section 177, Criminal Procedure Code lays down the general law as to the venue of an enquiry or trial: it says that every offence shall ordinarily be enquired into and tried by a Court within the local limits of whose jurisdiction it was committed. Section 179, Criminal Procedure Code lays down that when a person is accused of the commission of any offence by reason of anything which has been done and of any consequence which has ensued, such offence may be enquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued. Section 181, Sub-section (2) says that the offence of criminal misappropriation or of criminal breach of trust may be enquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person or the offence was committed.

2. In the case of Simhachalam v. Emperor (1916) 44 Cal 912 it was held by this Court, on a careful review of the decisions of the different High Courts in this country, that the jurisdiction of a Court to try an offence of criminal misa

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