Please Log in / Register to access the full text of this judgment and the entire database

Log in / Register

Nerella Chiranjeevi Arun Kumar v. The State of Andhra Pradesh & Anr. (SC)
From the Database of www.lawtodaylive.com
Supreme Court of India
Decided on: 02.08.2021

Code of Criminal Procedure, 1973 (2 of 1974), Section 188 -- Offence committed abroad – Prior sanction from Central Government – Requirement of -- Previous sanction of the Central Government u/s 188 Cr.P.C. for offences committed by a citizen of India outside the country is not required at the stage of cognizance -- However, trial of the criminal case cannot commence without sanction being accorded u/s 188 Cr.P.C -- High Court dismissed application for quashing of FIR -- Special Leave Petition is dismissed, petitioner is at liberty to raise the ground pertaining to sanction before the commencement of the trial. Thota Venkateswarlu’s case 2011 (9) SCC 527 relied.

(Para 1-3)

www.lawtodaylive.com
Nerella Chiranjeevi Arun Kumar v. The State of Andhra Pradesh & Anr. (SC)
(2021) Law Today Live Doc. Id. 16435
From the Database of www.lawtodaylive.com
Supreme Court of India
Before: L. Nageswara Rao & Aniruddha Bose, JJ.
Special Leave to Appeal (Crl.) No(s). 3978 of 2021
(IA No.64679 of 2021-Exemption from Filing O.T.)

Decided on: 02.08.2021
Nerella Chiranjeevi Arun Kumar - Petitioner(s)
Versus
The State of Andhra Pradesh & Anr. - Respondents

For Petitioner(s):

Mr. M Srinivas R Rao, Adv. Mr. Abid Ali Beeran P, AOR Mr. Sarath S Janardanan, Adv.

(Video Conferencing)

Code of Criminal Procedure, 1973 (2 of 1974), Section 188 -- Offence committed abroad – Prior sanction from Central Government – Requirement of -- Previous sanction of the Central Government u/s 188 Cr.P.C. for offences committed by a citizen of India outside the country is not required at the stage of cognizance -- However, trial of the criminal case cannot commence without sanction being accorded u/s 188 Cr.P.C -- High Court dismissed application for quashing of FIR -- Special Leave Petition is dismissed, petitioner is at liberty to raise the ground pertaining to sanction before the commencement of the trial. Thota Venkateswarlu’s case 2011 (9) SCC 527 relied.

(Para 1-3)

Cases referred:

1. Thota Venkateswarlu vs. State of A.P. Tr. Principal Secretary & Anr., 2011 (9) SCC 527.

ORDER

1. This Special Leave Petition is filed against an order passed by the High Court dismissing the application filed under Section 482 Cr.P.C. to quash the FIR. The contention of the petitioner is that the alleged offences were committed in the USA and in accordance with Section 188 of the Cr.P.C., sanction from the Central Government is required even for initiation of investigation of the crime. This Court in Thota Venkateswarlu vs. State of A.P. Tr. Principal Secretary & Anr. reported in 2011 (9) SCC 527 categorically held that previous sanction of the Central Government under Section 188 Cr.P.C. for offences committed by a citizen of India outside the country is not required at the stage of cognizance. However, this Court makes it clear that the trial of the criminal case cannot commence without sanction being accorded under Section 188 Cr.P.C.

2. In view of the aforesaid findings recorded by this Court in Thota Venkateswarlu (supra), we do not deem it proper to interfere with the order passed by the High Court. The Special Leave Petition is dismissed. Pending application(s), if any, shall stand disposed of.

3. Needless to mention that the petitioner is at liberty to raise the ground pertaining to sanction before the commencement of the trial.

Petition dismissed.

********

www.lawtodaylive.com