P.C. MISHRA versus STATE (C.B.I.) & ANR.

P.C. MISHRA versus STATE (C.B.I.) & ANR.

During investigation, both Special Judge and Magistrate have concurrent jurisdiction to entertain an application for pardon, which facilitates proper investigation of crime. If Magistrate has exercised jurisdiction under Section 306 Cr.P.C. after appointment of Special Judge, and granted pardon, it is a curable irregularity under Section 460(g) Cr.P.C., provided the order is passed in good faith. After committal, pardon by Magistrate is not curable. In this case, there was no error in Special Judge directing Magistrate to pass orders on CBI's application for pardon.

Parties
Appellant: P.C. Mishra; Respondent: State (C.B.I.) & Anr.
Jurisdiction
India
Judgment Date
27 March 2014
Procedural Posture
Criminal Appeal / Final Disposition by Supreme Court After High Court Revision
Outcome
Appeal dismissed
Legal Topics
Power to Grant Pardon, Concurrent Jurisdiction, Irregularities in Criminal Procedure, Prevention of Corruption Act Offences
Criminal Law Power to Grant Pardon Concurrent Jurisdiction Irregularities in Criminal Procedure Prevention of Corruption Act Offences

Case Brief

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Parties

P.C. Mishra

Appellant

State (C.B.I.) & Anr.

Respondent

Procedural Posture

Criminal Appeal / Final Disposition by Supreme Court After High Court Revision

Legal Issues

  1. 1 Whether the Metropolitan Magistrate had jurisdiction to grant pardon under Section 306 Cr.P.C. during investigation in a case triable by Special Judge under PC Act
  2. 2 Whether such pardon is a curable irregularity if granted after appointment of Special Judge
  3. 3 Correctness of orders passed by Magistrate and Special Judge regarding application for pardon

Ratio Decidendi

During investigation, both Special Judge and Magistrate have concurrent jurisdiction to entertain an application for pardon, which facilitates proper investigation of crime. If Magistrate has exercised jurisdiction under Section 306 Cr.P.C. after appointment of Special Judge, and granted pardon, it is a curable irregularity under Section 460(g) Cr.P.C., provided the order is passed in good faith. After committal, pardon by Magistrate is not curable. In this case, there was no error in Special Judge directing Magistrate to pass orders on CBI's application for pardon.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.