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2009 Supreme(Ker) 175

J.B.KOSHY, V.GIRI
Muhammad Rafi – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:G.P. Shinod, Advocate. For the Respondents: Public Prosecutor.

Judgment :-

Giri, J.

These Criminal Miscellaneous cases have come up on a reference made by a learned Judge of this Court under Section 3 of the High court Act. Learned Judge felt that the principal issue which came up for consideration in both these cases requires an authoritative pronouncement by a Bench of this Court. The said issue can be encapsulated as "whether the police can investigate an offence committed outside India by an Indian citizen and whether a jurisdictional Magistrate can order such investigation to be conducted by the police under Section 156 of the Code of Criminal Procedure, in respect of an offence which is alleged to have been committed by an Indian citizen outside India without obtaining prior sanction from the Central Government as contemplated by Section 188 of the Code of Criminal Procedure." There are two authoritative pronouncements by this Court, one by a Division Bench which specifically considered this issue namely Muhammed v. State of Kerala (1994 (1) KLT, 464) and the other by a Full Bench of this court which in turn affirmed the view taken by the Division Bench in Muhammed namely Samarudeen v. Asst.Director of Enforcement (1999 (2) KLT 794 [FB])























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