THE STATE versus HIRALAL G. KOTHARI AND OTHERS

Pardon under s. 337(1) Code of Criminal Procedure, 1898, cannot be tendered for an offence under s. 5 of the Official Secrets Act read with s. 120-B IPC since these offences are not included within the categories mentioned in s. 337(1); consequently, a person pardoned for other offences cannot be examined as an approver with respect to proceedings solely for these offences.

Parties: Appellant: The State; Respondents: Hiralal G. Kothari and Others
Jurisdiction: India
Judgment Date: 30 November 1959
Procedural Posture: Criminal Appeal / Supreme Court of India on Appeal From Punjab High Court in Criminal Revision
Outcome: Appeals dismissed.
Legal Topics: Pardon, Conspiracy, Official Secrets, Approver's Testimony, Procedural Law

Criminal Law Pardon Conspiracy Official Secrets Approver's Testimony Procedural Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 12 Party arguments 2

Parties

The State

Appellant

Hiralal G. Kothari and Others

Respondents

Procedural Posture

Criminal Appeal / Supreme Court of India on Appeal From Punjab High Court in Criminal Revision

Legal Issues

1 Whether a pardon under s. 337(1) of the Code of Criminal Procedure can be granted for an offence under s. 5 of the Official Secrets Act read with s. 120-B IPC.
2 Whether an approver to whom pardon was tendered under s. 337 CrPC could be examined as an approver in a proceeding concerning an offence not covered under that section.

Ratio Decidendi

Court Disposition

Appeals dismissed.

Orders

Mehra cannot be examined as an approver; proceedings affirmed as per High Court's order.