LAW FOR ALL

Section 5 (2) and 7 of the Prevention of Corruption Act, & Section 306 & 460 of Cr.P.C. - Granted Pardon - sec.164 Cr.P.C. statement of one of the accused was record - prosecution applied for grant of pardon as the accused by becoming approver filled the links and as his role is negligible one - Magistrate tender pardon - later after the cross examination of approver it is challanged before special court that the pardon could have been granted only by the Special Judge under Section 5(2) of the PC Act and not by the Metropolitan Magistrate, being not a designated Court under the PC Act. It was also contended that the Magistrate did not have any power to grant pardon. - High court and Apex court confirmed the trail court order and dismissed appeal = P.C. Mishra …. Appellant Versus State (C.B.I.) & Anr. …. Respondents = 2014 (March . Part) judis.nic.in/supremecourt/filename=41345