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PETITIONER: KANTA PRASHAD
Vs.
RESPONDENT: DELHI ADMINISTRATION(and connected appeal)
DATE OF JUDGMENT: 06/02/1958
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P.
CITATION: 1958 AIR 350 1958 SCR 1218
ACT: Criminal Law--Gyant of pardon--Power of the District Magi- strate-Case triable by Court of Special-judge-court of Session-Concurrent jurisdiction to tender Pardon-Prevention of Corruption Act, 1947 (2 of 1947), S. 5(2)-Criminal Law (Amendment) Act, 1952 (46 of 1952), Ss. 8(2)(3), 9-Code of Criminal Procedure (Act 5 of 1898), ss. 337, 338.
HEADNOTE: The appellants were convicted under s. 120B and S. 224/109 of the Indian Penal Code and s. 5(2) Of the Prevention of Corruption Act, 1947, by the Court of Special judge constituted under the Criminal Law (Amendment) Act, 1952. it was contended for them that the conviction was bad on the ground inter alia that the pardon tendered to the approver by the District Magistrate under S. 337 of the Code of Criminal Procedure by virtue of which he was examined as a witness by the Special judge was without 1219 jurisdiction. The contention was that the provisions Of s. 337 were not applicable to the case, as the offence under s. 5(2) Of the Prevention of Corruption Act, 1947, was punishable with imprisonment which may extend to ten years, while S. 337 Of the Code of Criminal Proce...