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2015 (8) TMI 1520 - HC - Indian LawsHarassement and Threats - received frivolous caveats repeatedly from the petitioner - amicable settlement reached but later denied - HELD THAT:- The word 'offence' has been defined in Section 40 of the IPC and an offence under Section 203 has been classified with other classes of offences in Chapter XI of the IPC - the Explanation to Section 203 IPC covers the category of offences which, if committed at any place out of the country would be punishable by treating such offence to have been committed inside the country. Therefore, the categories of offences in the Explanation to Section 203 IPC by the use of the words "offence includes" creates an exclusive category of offences which will be punishable under Sections 201, 202 and 203 IPC by treating them to be punishable in India although they may have been committed at any place outside India. The only conclusion this Court can draw is that the Explanation has created a separate class of offences committed outside the country without impinging on the defining Section, being Section 40 IPC read with the parent Section 203 IPC. Therefore to exclude Section 354 IPC from the ambit of Section 203 IPC once the act is allegedly committed inside the country would be putting a premium to the Explanation overriding the intention of the controlling section - This Court cannot also lose sight of the fact that the bitter personal relationship between the parties has time and again forced several courts to examine the crux of the dispute and sift the chaff from the grain. This Court is of the considered view that in order to do so both the Ld. Trial Court and the Revisionist Court can apply any tool legally under their command to arrive at a just finding. Such tools cannot exclude calling for a police report to assist the Court in its enquiry. When the Ld. Courts are sincerely ardent to direct the gathering of facts in this incessant battle between the parties, the search for the truth by the Ld. Courts cannot be interfered with at this stage by this Court exercising its jurisdiction under Section 482 CrPC. - Finally, this Court finds substance in the legal position that since the petitioner has already entered plea in C-8509/2013, which is evident from the order of the Ld. 10th JM dated 6th June, 2014, this Court is required to refuse the prayer of the petitioner to quash the impugned proceedings. Application dismissed.
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