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2018 Supreme(HP) 561

SANJAY KAROL
Brij Lal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. N.S. Chandel, Advocate.
For the Respondent:Mr. Ashok Sharma, Advocate General, with Mr.Adarsh Sharma, Addl. AG. & Ms.Svaneel Jaswal, Dy.AG.

JUDGMENT :

SANJAY KAROL, J.

1. Interpretation of Section 179 of the Criminal Procedure Code (hereinafter referred to as the Code) arises for consideration in the present petition. What is the meaning of the words “an act is a reason of anything done” and “consequence” “which has ensued” contained in the said Section needs to be examined. To put it shortly if an act which is offence by reason of anything done in a place ‘A’ and the “consequence” which has ensued at a place ‘B’, then whether place ‘B’ would have jurisdiction to conduct the trial or not.

2. Chapter-XIII of the Code stipulates the jurisdiction of the Courts where inquiry or trial can take place. For the purposes of ready reference, relevant provisions are reproduced as under:-

179. Offence triable where act is done or consequence ensues.—When an act is an offence by “reason of anything which has been done” and of a “consequence which has ensued”, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

3. At the threshold, it sands clarified that remaining provisions from Sections 181 to 189 of the said Chapter are not relevant, in view of












































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