Supreme Court · 2008 INSC 645 · Decided 13 May 2008
Fatma Bibi Ahmed Patel v. STATE. of Gujarat & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 645 · [2008] 8 S.C.R. 391
- Case number
- CRIMINAL APPEAL No. 873/2008
- Decided
- 13 May 2008
- Bench
- S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 4, 188; CrPC Section 188
Headnote
, , Penal Code, 1860; s.4/Code of Criminal Procedure, 1973; s. 188: A B Intra-territorial offences - Applicability of Penal Code to C - Jurisdiction of courts in India - Held: Accused is a citizen of Mauritus and has been in India on visas issued by India - Since accused is not resident of India within the territorial limit of India, the provi­ sion of the Penal Code as also the Code of Criminal Proce- D dure do not apply - The order of Judicial Magistrate tc;iking cognizance of the complaint by her daughter in law against her son and herself was without jurisdiction. A
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