Case Note & Summary
The appeal arose from a corruption case where the appellant challenged the legality of a pardon granted to a co-accused by a Metropolitan Magistrate. The Central Bureau of Investigation (CBI) had registered a case against the appellant, P.C. Mishra, for demanding a bribe, leading to the arrest of both the appellant and the second respondent, Ravi Bhatt. The CBI sought a pardon for Bhatt to facilitate the investigation, which was granted by the Metropolitan Magistrate. The appellant later contested this pardon, arguing that only a Special Judge could grant it under the Prevention of Corruption Act, 1988. The Special Judge upheld the Metropolitan Magistrate's authority, leading to the appellant's appeal to the Supreme Court. The court analyzed the jurisdictional powers of the Magistrate and the Special Judge, concluding that the Metropolitan Magistrate had the authority to grant pardon during the investigation phase. The court emphasized that the order was a curable irregularity and upheld the validity of the pardon, ultimately dismissing the appeal.
Headnote
A) Criminal Procedure - Pardon Granting Authority - Jurisdiction of Magistrate to Grant Pardon - Criminal Procedure Code, 1973, Section 306 - The court held that the Metropolitan Magistrate had the authority to grant pardon during the investigation stage, even when a Special Judge was appointed, as both have concurrent jurisdiction. The order granting pardon was deemed a curable irregularity under Section 460 Cr.P.C. (Paras 16-18).
Issue of Consideration
Whether the pardon granted by the Metropolitan Magistrate under Section 306 Cr.P.C. to the second Respondent is legally sustainable.
Final Decision
The Supreme Court dismissed the appeal, affirming the validity of the pardon granted by the Metropolitan Magistrate under Section 306 Cr.P.C. The court held that both the Magistrate and the Special Judge have concurrent jurisdiction to grant pardon during the investigation phase, and the order was a curable irregularity.
Law Points
- Pardon under Section 306 Cr.P.C.
- Jurisdiction of Magistrate
- Concurrent jurisdiction of Special Judge and Magistrate
- Curable irregularities under Section 460 Cr.P.C.
