AJAY AGARWAL versus UNION OF INDIA AND ORS

AJAY AGARWAL versus UNION OF INDIA AND ORS

Sanction under Section 188 CrPC is not required where conspiracy is hatched in India, though overt acts may occur abroad, as the offences are part of a continuing transaction culminating in India. Jurisdiction lies with courts in India, and charges of conspiracy and related offences can be tried at Chandigarh.

Parties
Appellant: Ajay Agarwal; Respondents: Union of India and Ors
Jurisdiction
India
Judgment Date
05 May 1993
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Under Article 136 of Constitution
Outcome
Appeal dismissed
Legal Topics
Criminal Conspiracy, Extra Territorial Jurisdiction, Sanction Under Section 188 Cr PC, Forgery, Cheating
Criminal Law Criminal Conspiracy Extra Territorial Jurisdiction Sanction Under Section 188 Cr PC Forgery Cheating

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Parties

Ajay Agarwal

Appellant

Union of India and Ors

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Under Article 136 of Constitution

Legal Issues

  1. 1 Whether conspiracy punishable as a substantive offence and whether committing offence in pursuance of conspiracy is separately punishable
  2. 2 Whether sanction under Section 188 CrPC is necessary for prosecuting offences committed outside India, but part of conspiracy committed in India
  3. 3 Jurisdiction of Indian courts in respect of offences involving acts both inside and outside India

Ratio Decidendi

Sanction under Section 188 CrPC is not required where conspiracy is hatched in India, though overt acts may occur abroad, as the offences are part of a continuing transaction culminating in India. Jurisdiction lies with courts in India, and charges of conspiracy and related offences can be tried at Chandigarh.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs
  • Proceedings in Trial Court to continue in accordance with law