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T. Kakrullakhan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1935)68MLJ415
AppellantT. Kakrullakhan and ors.
Excerpt:
- - we think that for this reason not only the charges of forgery (sections 467 and 468 of the indian penal code) but also those of cheating (sections 410 and 420 of the indian penal code) are not triable in the chittoor district without such a certificate because some part of the cheating as well as the whole of the forgery was committed within the mysore state......because part of the consequences have ensued within its jurisdiction if some part of the offence has been committed in a native state. the section renders the certificate of the political agent (in the present case, the resident in mysore) necessary even in such cases. we think that for this reason not only the charges of forgery (sections 467 and 468 of the indian penal code) but also those of cheating (sections 410 and 420 of the indian penal code) are not triable in the chittoor district without such a certificate because some part of the cheating as well as the whole of the forgery was committed within the mysore state. we must therefore quash the commitment in s.c. no. 36 of 1934 on the file of the court of session of the chittoor division on each and every charge preferred.....
Judgment:
ORDER

1. It is agreed before us by both sides that under the terms of Section 188 of the Code of Criminal Procedure, as it stands since the amendment of 1923 a Court in British India cannot try an offence by virtue of the terms of Section 179 of the Code of Criminal Procedure merely because part of the consequences have ensued within its jurisdiction if some part of the offence has been committed in a Native State. The Section renders the certificate of the Political Agent (in the present case, the Resident in Mysore) necessary even in such cases. We think that for this reason not only the charges of forgery (Sections 467 and 468 of the Indian Penal Code) but also those of cheating (Sections 410 and 420 of the Indian Penal Code) are not triable in the Chittoor District without such a certificate because some part of the cheating as well as the whole of the forgery was committed within the Mysore State. We must therefore quash the commitment in S.C. No. 36 of 1934 on the file of the Court of Session of the Chittoor Division on each and every charge preferred against the three accused.


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