Q. What are the equivalent citations for In Re vs ?

The equivalence citation are1935 MWN 1163 ; AIR 1936 MAD 317 ; LQ/MadHC/1935/331 ;

In Re Vs. On 11 September, 1935

In Re
v.

(High Court Of Judicature At Madras)

No | 11-09-1935

Menon, J

[1] The petitioners were charged by the police, under Section 420 read with Section 120-B, with criminal conspiracy for cheating the public at large. The charge was so understood by the Joint Magistrate also as his order shows. The question is whether, when, as in this ease, the conspiracy was entered into in Bombay where the accused lived, the Joint Magistrate of Pollachi has jurisdiction to take cognizance of the offence. All that is urged in support of the view that he has, is that one or two acts of cheating were done within his jurisdiction. In my view this is insufficient to confer jurisdiction to try the charge of criminal conspiracy. Conspiracy was complete when the parties entered into such an agreement; and does not depend on the subsequent act of cheating. As the allegation is that it was in Bombay, where the accused reside that they entered into the conspiracy, the charge should have been laid there. The lower Court cannot be clothed with jurisdiction to try the charge of conspiracy merely because the conspiracy and the different acts of cheating might form part of the same transaction, and that the charges in respect of them might be tried together. It can have jurisdiction only in respect of the acts of cheating alleged to have been committed within its jurisdiction. The proceedings before the lower Court are therefore quashed. This, of course, will not preclude the lower Court from taking cognizance of specific charges of cheating or the authorities from charging the accused for criminal conspiracy before the proper tribunal.

Advocates List

For the Appearing Parties -------

Bench List

HON'BLE MR. JUSTICE MENON

Eq Citation

1935 MWN 1163

AIR 1936 MAD 317

LQ/MadHC/1935/331

HeadNote

Penal Code, 1860 — Ss. 420 and 120-B — Criminal conspiracy for cheating the public at large — Conspiracy entered into in Bombay where accused lived — Charge under S. 420 r/w S. 120-B — Lower Court having jurisdiction to take cognizance of only acts of cheating alleged to have been committed within its jurisdiction — Conspiracy was complete when parties entered into such an agreement; and does not depend on the subsequent act of cheating (Paras 1 and 10)