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        Case ID :

        2019 (4) TMI 2040 - SC - Indian Laws

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        Local jurisdiction in criminal cases favored Ahmedabad where part of the offence and its consequences arose. Criminal cases concerning loans disbursed at Ahmedabad were transferred to the Special Court CBI at Ahmedabad because the offences were substantially ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Local jurisdiction in criminal cases favored Ahmedabad where part of the offence and its consequences arose.

                              Criminal cases concerning loans disbursed at Ahmedabad were transferred to the Special Court CBI at Ahmedabad because the offences were substantially connected with that place. The governing rule under Section 177 CrPC is that an offence is ordinarily tried where it was committed, and the record showed that part of the offence was committed at Ahmedabad within Section 178 CrPC, with the consequences also ensuing there under Section 179 CrPC. On that basis, Ahmedabad was treated as the appropriate venue for trial, and transfer was allowed.




                              Issues: Whether the criminal cases pending before the Special Judge at Mumbai were liable to be transferred to the Special Court at Ahmedabad on the ground that the offences were substantially connected with Ahmedabad and the local jurisdiction lay there.

                              Analysis: The cases arose out of loans disbursed at Ahmedabad, and most of the evidence was stated to be available there. The governing principle under Section 177 of the Code of Criminal Procedure, 1973 is that an offence is ordinarily tried by a court within whose local jurisdiction it was committed. The record also disclosed that part of the offence had been committed at Ahmedabad within the meaning of Section 178 of the Code of Criminal Procedure, 1973, and that the consequence had ensued there within the meaning of Section 179 of the Code of Criminal Procedure, 1973. In these circumstances, the forum at Ahmedabad was treated as the appropriate venue for trial.

                              Conclusion: The transfer of the criminal cases to the Special Court CBI at Ahmedabad was allowed.


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