FATMA BIBI AHMED PATEL VS. STATE OF GUJARAT AND ORS.
Bench: S.B. Sinha and L.S. Panta, JJ.
Facts:
Ahmed Patel was married to the complainant – respondent, Appellant is a citizen of Mauritius and mother of Ahmed Patel. Her son and daughter-in-law at all material times were residing at Kuwait, indisputably the entire cause of action arose at Kuwait. Respondent filed a Complaint Petition against the Appellant under Section 498-A of IPC alleging physical and mental torture by her husband. Allegations were made by the Respondent against the Appellant and her Son. Respondent moved to the High Court of Gujarat aggrieved by the revision application filed by the Appellant quashing the summon order passed by Chief Judicial Magistrate.
Contentions of Appellant:
An application was filed by the Appellant stating that the complaint petition filed without obtaining the requisite sanction under Section 188 of the Code of Criminal Procedure was barred by law.
Issue:
If the accused is not an Indian citizen and the crime was committed overseas, Can the magistrate take cognizance of such a complaint without the sanction of the Central Government?
Findings:
Section 188 CrPC deals with offences committed outside India. In the present case it was held by the Supreme Court that if the accused is not an Indian citizen and the crime committed overseas, then none of the conditions given under Section 4 of the IPC and 188 of the CrPC has been met, therefore the Magistrate cannot take cognizance of such a complaint without the sanction of the Cental Government.
