Supreme Court of India
State through Cbi, Chennai v. V. Arul Kumar
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of our discussion above, the judgment of the High Court warrants to be set aside. We, thus, set aside the judgment of the High Court and allow the present appeal. No costs.
Judgment, Para 23
From the 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…
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