Supreme Court of India · 2004-11-25
Om Hemrajani vs State Of U.P. & Anr
- Citation / case number
- AIR 2005 SUPREME COURT 392
- Court
- Supreme Court of India
- Petitioner
- Om Hemrajani
- Respondent
- State Of U.P. & Anr
- Author
- D.M. Dharmadhikari
- Bench
- D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court interpreted Section 188 of the Code of Criminal Procedure, 1973, clarifying that the phrase 'at which he may be found' pertains to the responsibility of the authorities to locate the accused for jurisdictional purposes. The Court upheld the High Court's ruling that the Special Judicial Magistrate at Ghaziabad had jurisdiction to entertain the complaint, rejecting the petitioner's argument that no cause of action occurred within that jurisdiction. The Court emphasized that the interpretation of Section 188 should not lead to unnecessary harassment of the accused, but affirmed the existing jurisdiction based on the facts presented.