Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Tender of pardon 1973 Section 306 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 — s.306 ~ Tender of pardon to approver ~ Charge sheet filed against respondent and others before the Magistrate under Penal Code and Prevention of Corruption Act — Five individuals taken as approvers after recording their confessional statements — Application by prosecutor u/s. 306 for grant of pardon — Grant of pardon by Magistrate and thereafter committal of case to Special Judge — Special Judge upheld the order of grant of pardon — However, High Court held that the Special Judge is empowered to grant tender of pardon and such order passed by the Magistrate is not lawful - On appeal, held: In cases where charge sheet is filed before the Magistrate, the Magistrate is duly empowered to grant tender of pardon u/s. 306 even in respect of the cases which are triable by the Session Court or by the Special Judge for the offences under the PC Act — Prevention of Corruption |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 1185 |
Petitioner | State Through Cbi, Chennai |
Respondent | V. Arul Kumar |
SCR | [2016] 2 S.C.R. 486 |
Judgement Date | 2016-05-13 |
Case Number | 499 |
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