Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s. 177 - Territorial jurisdiction -Accused stated to have procured forged degree from Ranchi University in collusion and connivance with University officials and secured a job on its basis - Criminal case registered against accused for offences under Prevention of Corruption Act, in Ranchi, Jharkhand - Writ petition of accused before High Court of Bombay seeking to quash criminal case in Ranchi contending that the Institute which issued the degree was based in State of Maharashtra and therefore, Court at Ranchi had no jurisdiction - Rejected by High Court - HELD: Territorial jurisdiction of a court with regard to criminal offence would be decided on the basis of place of occurrence of incident and not on the basis of where the complaint was filed and the mere fact that FIR was registered in a particular State is not sole criterion to decide that no cause of action has arisen even partly within territorial limits of jurisdiction of another court - Venue of enquiry or trial is primarily to be determined by averments contained in the complaint or charge-sheet - In the complaint filed by CBI, Ranchi, it is specifically alleged that the accused had entered into criminal conspiracy with the officials of Ranchi University and had obtained fake degree certificates - A court trying an accused for an offence of conspiracy is competent to try him for all other offences committed in pursuance of conspiracy irrespective of the fact that any or all other offences were not committed within its territorial jurisdiction - A bare perusal of the complaint shows that the cause of action arose within the jurisdiction of Special Judge (CBI), Ranchi, the investigation is completed in Ranchi, all the records and documents pertaining to complaint and the charge sheet are before the Special Judge (CBI), Ranchi, and therefore, the High Court of Bombay was perfectly justified in declining to entertain the writ petition filed by the petitioner. |
Judge | N/A |
Neutral Citation | 2009 INSC 57 |
Petitioner | Shri Rajendra Ramchandra Kavalekar |
Respondent | State Of Maharashtra & Anr. |
SCR | [2009] 1 S.C.R. 480 |
Judgement Date | 2009-01-23 |
Case Number | 142 |
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