The Hon’ble Supreme Court held that the trial of a criminal case against an Indian citizen for offences committed outside India cannot commence without the sanction of the Central Government under Section 188 of Cr.P.C. However, such sanction is not required at the stage of taking cognizance. [Nerella Chiranjeevi Arun Kumar v. The State Of Andhra Pradesh & Anr.]
Brief Facts
This SLP was filed impugning an order passed by the High Court dismissing an application filed by the Petitioner (before the Supreme Court) under Section 482 of the Cr.P.C. to quash the FIR.
Case of the Petitioner
It was contended by the Counsel on behalf of the Petitioner 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 an investigation of the crime.
Reasoning and Decision of the Court
The Hon’ble Supreme Court reiterated the position of law, as enunciated in the case of Thota Venkateswarlu vs. State of A.P. Tr. Principal Secretary & Anr. wherein it was 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. The Supreme Court clarified in this case that the trial of the criminal case cannot commence without sanction being accorded under Section 188 Cr.P.C.
Thus the Court did not find it proper to interfere with the order passed by the High Court.
Held
Dismissing the SLP, the Hon’ble Supreme Court held that the trial of a criminal case against an Indian citizen for offences committed outside India cannot commence without the sanction of the Central Government under Section 188 of Cr.P.C. However, such sanction is not required at the stage of taking cognizance.
Case Details
Case Name: Nerella Chiranjeevi Arun Kumar v. The State Of Andhra Pradesh & Anr.
Bench: Hon’ble Justice L. Nageswara Rao, Aniruddha Bose
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