- (1.) Leave granted.
(2.) Interpretation of Section 4 of the Indian Penal Code and Section 188 of the Code of Criminal Procedure fall for our consideration in this appeal which arises out of a judgment and order dated 12.04.2006 passed by the High Court of Gujarat at Ahmedabad in Criminal Revision Application No. 358 of 2005 dismissing the Criminal Revision filed by the appellant herein.
(3.) Son of the appellant Hanif Ahmed Patel was married to the complainant - respondent on 22.4.2002. Appellant indisputably is a citizen of Mauritius. Her son and daughter-in-law at all material times were residing at Kuwait. A Complaint Petition, however, was filed before the Chief Judicial Magistrate, Navsari by the said respondent alleging physical and mental torture by her husband (the first accused). Allegations primarily against the appellant therein were that the first accused used to consult her and she used to instigate him. As the couple was residing at Kuwait, indisputably the entire cause of action arose at Kuwait. The learned Chief Judicial Magistrate, Navsari, however, took cognizance of the aforesaid offences and directed issuance of summons to the appellant by an order dated 30.5.2003. An application was filed by her stating that the complaint petition filed without obtaining the requisite sanction under Section 188 of the Code of Criminal Procedure was bad in law. The same was dismissed. A joint application with her son was thereafter filed by the appellant for quashing of the entire complaint petition which was withdrawn. Appellant, however, filed a fresh application on or about 6.12.2004 raising a contention that as she is a citizen of Mauritius and as the entire cause of action took place at Kuwait, the order taking cognizance is bad in law. Whereas the learned trial judge rejected the said plea, the Revisional Court on a revision application filed by the appellant thereagainst, allowed the same. Respondent No. 2 moved the High Court of Gujarat aggrieved thereby which by reason of the impugned order has been allowed.;