Accused sought quashing of cheating and criminal conspiracy proceedings, contending the offence occurred outside India so Section 188 Cr.P.C sanction was required. Court held part of the conspiracy and cheating took place at Ernakulam under Section 178 Cr.P.C; petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
CRL.MC NO. 2279 OF 2019
CRIME NO.2745/2011 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM
AGAINST THE ORDER IN CC NO.121 OF 2014 OF CHIEF JUDICIAL
MAGISTRATE, ERNAKULAM
PETITIONER/1ST ACCUSED:
SURESH KUMAR SHETTY,
AGED 46 YEARS,
S/O. CHANDRASEKHAR SHETTY,
CHANDRASREE SADAN, GUMMOLA POST,
BELLWAY, KUNDAPURA, KARNATAKA STATE.
BY ADVS.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
RESPONDENTS/STATE, COMPLAINANT AND DEFACTO COMPLAINANT:
1 THE STATE OF KERALAREP. BY PUBLIC PROSECUTOR OF HIGH COURT OF KERALA, ERNAKULAM,
COCHIN-682 031
2 STATION HOUSE OFFICER CENTRAL POLICE STATION, ERNAKULAM-6820313 ANIL SIVASANKARAN PARTNER, M/S. RANJINI ASSOCIATES , 39/129, AMEES BUILDINGS, MULLASSERI CANAL ROAD, ERNAKULAM.SMT. SEETHA S., SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.04.2025, THE COURT ON 03.04.2025 PASSED THE FOLLOWING:
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O R D E R
The first accused in C.C.No.121/2014 on the files of Chief Judicial Magistrate Court, Ernakulam has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the said case. The offence alleged against the petitioner are under Sections 120B and 420 I.P.C read with Section 34 I.P.C.
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the limits of Ernakulam Central Police Station. The above aspect would go to show that a part of the offence of criminal conspiracy and cheating took place at Ernakulam. Going by the provisions contained in Section 178 Cr.P.C, where an offence is committed partly in one local area and partly in another; or where an offence is a continuing one, and continues to be committed in more local areas than one; or where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas. In the light of the aforesaid provisions contained in the Code of Criminal Procedure, there is absolutely no legal bar for proceeding with the trial of this case in a court situated at Ernakulam. The argument advanced by the learned counsel for the petitioner on the basis of Section 188 Cr.P.C cannot be accepted since the offence involved in this case is not one committed exclusively, and in its entirety, outside India. Therefore, the challenge in this petition against the maintainability of the prosecution against the petitioner, is devoid of merit.
In the result, the petition is hereby dismissed.
(Sd/-) G. GIRISH, JUDGE
jsr
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APPENDIX
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT NO.
1007/2014 DATED 30.4.2014 OF CENTRAL POLICE
STATION, ERNAKULAM IN CC NO. 121/2014 ON THE
FILES OF CHIEF JUDICIAL MAGISTRATE COURT,
ERNAKULAM.
1 issue framed by the court
Whether the prosecution in Ernakulam was barred under Section 188 Cr.P.C as the offence allegedly occurred outside India.
6 provisions across 2 enactments
Suresh Kumar Shetty
State of Kerala
Station House Officer, Central Police Station, Ernakulam
Anil Sivasankaran
G. Girish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court