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SARFARAZ HANIF KHAN v. STATE OF MAHARASHTRA .

Supreme Court of India | Diary 10133/2010

Status

ROP - of Main Case

Decided On

10-09-2010

Bench

Petitioner

SARFARAZ HANIF KHAN

Respondent

STATE OF MAHARASHTRA .

Primary Holding

Section 188 CrPC does not bar police investigation into offences committed outside India; the prohibition applies only to cognizance and trial proceedings, for which prior sanction remains a prerequisite.

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Full Judgment Text

¨ITEM NO.5 COURT NO.12 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3047/2010(From the judgement and order dated 04/03/2010 in CRLWP No.261/2010 of The HIGH COURT OF BOMBAY)SARFARAZ HANIF KHAN Petitioner(s) VERSUSSTATE OF MAHARASHTRA & ANR. Respondent(s)(With appln(s) for stay and office report ))Date: 10/09/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. Arvind S. Avadh, Adv. Mr. Holmbe Patil, Adv. Ms. Naresh Bakshi,Adv.For Respondent(s) Mr. Altaf Ahmed, Sr. Adv. Mr. Satyajit A. Desai,Adv. Ms. Anagha S.Desai,Adv. Mr. Shankar Chillarge, Adv. Ms. Asha Gopalan Nair ,Adv UPON hearing counsel the Court made the following O R D E R Mr. Altaf Ahmed, senior advocate appearing for respondent No.2, the informant, accepted that the offence was committed in Bahrain, i.e. outside India. He, however, submitted that so far the matter was only investigated by the police and after investigation, charge-sheet was submitted. Any proceeding on the basis of the charge-sheet is yet to commence before the Court. Mr. Ahmed, submitted that the bar of Section 188 of the Cr.P.C. did not come in the way of investigation by the police. In support of his submission, he relied upon a decision of

the Court in Ajay Aggarwal vs. Union of India and Others, (1993) 3 SCC 609 para 27. The decision relied upon by Mr. Ahmed fully applies to the facts of the case in hand. The Special Leave Petition is, accordingly, dismissed. At this stage, the counsel for the petitioner submitted that the charge-sheet was submitted in December, 2009 and till now no sanction under Section 188 of the Cr.P.C. was obtained. In case of any ordinate delay in the grant of sanction under Section 188, it will be open to the petitioner to seek his remedies before an appropriate Court.(Neetu Khajuria) (S.S.R. Krishna) Sr. P.A. Court Master

ITEM NO.43 COURT NO.12 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3047/2010(From the judgement and order dated 04/03/2010 in CRLWP No. 261/2010of the HIGH COURT OF BOMBAY)SARFARAZ HANIF KHAN Petitioner(s) VERSUSSTATE OF MAHARASHTRA & ANR. Respondent(s)(With appln(s) for stay and office report)Date: 13/08/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. Arvind S. Avhad, Adv. Ms. Naresh Bakshi, Adv.For Respondent(s) Mr. Shankar Chillarge, Adv. Ms. Asha G. Nair, Adv. (NP) Mr. Satyajit A. Desai, Adv. UPON hearing counsel the Court made the following O R D E R There is a letter circulated by the counsel for the petitioner praying for time for filing rejoinder affidavit. Adjourned for four weeks. (N.S.K. Kamesh) (S.S.R. Krishna) Court Master Court Master

´ITEM NO.55 COURT NO.12 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3047/2010(From the judgement and order dated 04/03/2010 in CRLWP No.261/2010 of the HIGH COURT OF BOMBAY)SARFARAZ HANIF KHAN Petitioner(s) VERSUSSTATE OF MAHARASHTRA & ANR. Respondent(s)(With appln(s) for stay and office report)Date: 30/07/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Ms. Naresh Bakshi,Adv.For Respondent(s) Mr. Sushil Karanjkar,Adv. Mr. Sanjay Kharde,Adv. Ms. Anagha S.Desai,Adv. (N.P.) Ms. Asha Gopalan Nair ,Adv.For R-2 Mr. Satyajit A. Desai,Adv. Mr. Rajendra Sarankar,Adv. UPON hearing counsel the Court made the following O R D E R Adjourned for two weeks. (V.K. Tiwari) (S.S.R. Krishna) P.A. Court Master

ÂITEM NO.4 COURT NO.13 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3047/2010(From the judgement and order dated 04/03/2010 in CRLWP No.261/2010 of The HIGH COURT OF BOMBAY)SARFARAZ HANIF KHAN Petitioner(s) VERSUSSTATE OF MAHARASHTRA & ANR. Respondent(s)(With appln. For exemption from filing c/c of the impugnedjudgment and ex-parte stay and exemption from filing O.T andoffice report)Date: 23/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE T.S. THAKURFor Petitioner(s) Mr. K.H. Holambe Patil, Adv. Mr. Arvind S. Avhad, Adv. For Ms. Naresh Bakshi,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. (Neetu Khajuria) (R.K. Sharma) Sr. P.A. Court Master

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