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Head Note

The Code of Criminal Procedure, 1973  - Section 188 , Section 482 , The Dowry Prohibition Act,1961  - Section 3 , Section 4 , Indian Penal Code,1860  - Section 498-A , Section 506

Petitioner married to Respondent No.2 - Petitioner left India without Respondent - Alleged severely ill-treated - Various demands including additional dowry of 5 lakhs - Physical and mental torture by Petitioner/husband-also by immediate relatives - Continued demand by phone calls from India - Complaint to Superintendent of Police - Registered under Sections 498-A and 506 I.P.C. with Sections 3 and 4 of Dowry Prohibition Act - Inspector of Police filed a charge-sheet - Magistrate took cognizance - Ordered issuance of summons - Questioned before High Court - Prayer made - Quashing the same - High Court allowed Petition - Quashed proceedings against accused no-2 to 4 - Petition by husband - Dismissed - S L P against - No grounds to continue with proceedings in India - Regard to section 188 Cr.P.C. upto stage of taking cognizance - No previous sanction required from Central Government - Trial cannot proceed beyond cognizance stage - Without previous sanction of Central Government - No reason to interfere with High Court's decision in respect of offences alleged - Committed outside India - Magistrate shall not proceed with trial - Without sanction - Envisaged in proviso to Section 188 Cr.P.C. - Special Leave Petition - Dismissed.

Topic(s)-

Important Decision(s)- Section 188 Cr.P.C. - Trial cannot proceed beyond cognizance stage without previous sanction of Central Government.