Queen-empress Vs. Ram Sundar and anr. - Court Judgment
|Court||Allahabad High Court|
|Judge||John Edge, Kt., C.J. and; Blennerhassett, J.|
|Respondent||Ram Sundar and anr.|
criminal procedure code, section 188 - act no. xlv of 1860, section 363--kidnapping from lawful guardianship--offence committed outside british territory--jurisdiction--certificate of political agent. - john edge, kt., c.j. and blennerhassett, j.1. the offence of kidnapping for which earn sundar and musammat anupa have been committed for trial took place in nepal. the charge was inquired into by a magistrate in british india and the commitment for an offence under section 363 of the indian penal code was made, but no certificate of the political agent in nepal, which is required by the provisions of section 188 of the code of criminal procedure as a condition precedent to the hearing of the charge in british india, was produced or is shown to have been issued. the proviso to section 188 is prohibitive, and under the circumstances we hold that the magistrate had no jurisdiction. we quash the commitment.
John Edge, Kt., C.J. and Blennerhassett, J.
1. The offence of kidnapping for which Earn Sundar and Musammat Anupa have been committed for trial took place in Nepal. The charge was inquired into by a Magistrate in British India and the commitment for an offence under Section 363 of the Indian Penal Code was made, but no certificate of the Political Agent in Nepal, which is required by the provisions of Section 188 of the Code of Criminal Procedure as a condition precedent to the hearing of the charge in British India, was produced or is shown to have been issued. The proviso to Section 188 is prohibitive, and under the circumstances we hold that the Magistrate had no jurisdiction. We quash the commitment.