LN MUKHERJEE VS STATE OF MADRAS

 

Supreme Court of India
L. N. Mukherjee vs The State Of Madras on 19 April, 1961
Equivalent citations: 1961 AIR 1601, 1962 SCR (2) 116
Author: R Dayal
Bench: Dayal, Raghubar
           PETITIONER:
L.   N. MUKHERJEE

	Vs.

RESPONDENT:
THE STATE OF MADRAS

DATE OF JUDGMENT:
19/04/1961

BENCH:
DAYAL, RAGHUBAR
BENCH:
DAYAL, RAGHUBAR
SUBBARAO, K.

CITATION:
 1961 AIR 1601		  1962 SCR  (2) 116
 CITATOR INFO :
 R	    1963 SC1620	 (23)


ACT:
Criminal Trial-jurisdiction-Court having jurisdiction to try
offences  committed in Pursuance of conspiracy, if  can	 try
the   offence  of  criminal  conspiracy-Code   of   Criminal
Procedure, 1898 (V of 1898), SS. 177, 239-Indian Penal Code,
1860 (Act XLV of 1860), SS. 120-B, 420, 463.



HEADNOTE:
The  appellant	was  committed to the Court  of	 Session  at
Madras	for  trial under s. 120-B read with s.	420  of	 the
Indian Penal Code and for committing the offence of  forgery
in  pursuance of that conspiracy.  The	Criminal  conspiracy
was  alleged to have been committed at Calcutta,  while	 the
other offences in
			    117
pursuance thereof were committed at Madras.  It was urged on
behalf	of  the	 appellant  that the  Madras  Court  had  no
jurisdiction to try the offence of criminal conspiracy.
Held,  that  the court having the jurisdiction	to  try	 the
offences committed in pursuance of the conspiracy, has	also
the jurisdiction to try the offence of criminal	 conspiracy,
even  though  it  was  committed.  outside  its	 territorial
jurisdiction.
Purushottamdas	Dalmia	v. State of wesst Bengal,  [1962]  2
S.C.R. 101, applied.



JUDGMENT:

CRIMINAL, APPELLATE JURISDICTION: Criminal Appeal No. 119 of 1960.

Appeal by special leave from the judgment and order dated April 14, 1960, of the Madras High Court in Cr. Misc. Petition No. 246 of 1960, D. N. Mukherjee, for the appellant.

M. S. K. Sastri and T. M. Sen, for respondent. 1961. April 19. The Judgment of the Court was delivered by RAGHUBAR DAYAL,, J.-This appeal, by special leave, is against the order of the Madras High Court dismissing the application for quashing the commitment of the case against the appellant, to the Court of Session, for trial of offences of criminal conspiracy to cheat under s. 120-Bread with s. 420, Indian Penal Code, and for the offence of forgery committed in pursuance of that conspiracy. The criminal conspiracy is alleged to have been committed at Calcutta. The other offences in pursuance of the conspiracy are alleged to have been committed within the jurisdiction of the Court of Session at Madras. The quashing of. the commitment was sought on the ground that, the Courts at Madras had no jurisdiction to try the offence of conspiracy. The High Court did not accept the contention and dismissed the application.

The sole question for consideration in this appeal is whether the offence of conspiracy alleged to have been committed at Calcutta can be tried by the Court of Session at Madras.

We have held this day, in Purushottamdas Dalmia v. The State of West Bengal (1) that the Court having (1) [1962] 2S.C.R. 101.

jurisdiction to try the offence of criminal conspiracy can also try offences committed in pursuance of that conspiracy even if those offences were committed outside the jurisdiction of that Court, as the provisions of s. 239, Criminal Procedure Code, are not controlled by the provisions of s. 177, Criminal Procedure Code,which do not create an absolute prohibition against the trial of offences by a Court other than the one within whose jurisdiction the offence is committed. On a parity of reasoning, the Court having jurisdiction to try the offences committed in pursuance of the conspiracy, can try the offence of con,- ,piracy even if it was committed outside its jurisdiction. We therefore hold that the order under appeal is correct and, accordingly, dismiss this appeal. Appeal dismissed.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s