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In Re: T. Fakurulla Khan and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in159Ind.Cas.1048
AppellantIn Re: T. Fakurulla Khan and ors.
Excerpt:
criminal procedure code (act v of 1898), sections 179, 188 - offence committed in native state--part of consequences ensuing in british india--jurisdiction of court in british india--necessity of political agent's certificate. - .....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 419 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.....
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 419 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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