STATE THROUGH CBI, CHENNAI versus V. ARUL KUMAR

STATE THROUGH CBI, CHENNAI versus V. ARUL KUMAR

Where charge sheet is filed before Magistrate in offenses triable by Special Judge under Prevention of Corruption Act, Magistrate is empowered to grant tender of pardon under Section 306 CrPC, and subsequent committal to Special Judge is valid. High Court's contrary decision is incorrect.

Parties
Appellant: State Through CBI, Chennai; Respondent: V. Arul Kumar
Jurisdiction
India
Judgment Date
13 May 2016
Procedural Posture
Criminal Appeal / Appeal Against High Court Order in Criminal Revision
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Tender of Pardon, Criminal Procedure, Prevention of Corruption Act, Jurisdiction of Magistrate and Special Judge
Criminal Law Tender of Pardon Criminal Procedure Prevention of Corruption Act Jurisdiction of Magistrate and Special Judge

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Parties

State Through CBI, Chennai

Appellant

V. Arul Kumar

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order in Criminal Revision

Legal Issues

  1. 1 Whether a Magistrate has power to grant tender of pardon under Section 306 CrPC in PC Act offences triable by a Special Judge
  2. 2 Whether orders passed by a Magistrate in granting tender of pardon are valid in such cases

Ratio Decidendi

Where charge sheet is filed before Magistrate in offenses triable by Special Judge under Prevention of Corruption Act, Magistrate is empowered to grant tender of pardon under Section 306 CrPC, and subsequent committal to Special Judge is valid. High Court's contrary decision is incorrect.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Metropolitan Magistrate's grant of tender of pardon is valid under Section 306 CrPC; all subsequent proceedings are not vitiated.
  • No costs.