Supreme Court of India · 2004-11-25
Om Hemrajani vs State of U.P. & Anr.
- Citation / case number
- SC 2004/61163
- Court
- Supreme Court of India
- Petitioner
- Om Hemrajani
- Respondent
- State of U.P. & Anr.
- Author
- Y.K. Sabharwal
- Bench
- D.M. DHARMADHIKARI Y.K. SABHARWAL
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' imposes a responsibility on 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 against the petitioner, who had allegedly defrauded a Dubai-based bank. The Court emphasized that the interpretation of Section 188 should not lead to unnecessary harassment of the accused, affirming the High Court's decision.