TMI Blog1977 (11) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... cts constituting offences punishable under Section 120B Indian Penal Code read with Sections 161 and 165A of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947. One Martin Joseph Fernandez had been arrested in connection with the case when it was at the stage of investigation. He was produced before the Chief Judicial Magistrate, Delhi, who tendered a pardon to him under Section 337(1) of the CrPC, 1898 (hereinafter referred to as the Code). On December 12, 1975 the appellant applied to the Special Judge for quashing the proceeding for want of sanction under Section 197 of the Code and also on the ground of failure to examine the said Martin Joseph Fernandez as a witness as required by Sub-sections (2) and (2B) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e may refer briefly to the relevant provisions of the Code. Section 337(1) of the Code provides that in the case of any offence specified therein, the District Magistrate, a Presidency Magistrate, a Sub-Divisional Magistrate or any Magistrate of the first class may at any stage of the investigation or enquiry into, or the trial of the offence may tender a pardon to any person supposed to have been concerned in the offence in any way on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence. Sub-section (2) of the section requires every person accepting a tender of pardon under this section to be examined as a witness in the Court of the Magistrate taking cognizance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lving any of the offences specified in Sub-section (2B), the prosecution can file the chargesheet either in the court of a competent Magistrate or before the Special Judge who under Section 8(1) of the Criminal Law Amendment Act, 1952 has power to take cognizance of the offence without the accused being committed to him for trial. It follows that if the Magistrate takes cognizance of the offence, the approver will have to be examined us a witness twice, once in the court of the Magistrate and again in the court of the Special Judge to whom the Magistrate has to send the case for trial, but if the chargesheet is filed directly in the court of the Special Judge, he can be examined once only before the Special Judge. This means that in, a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused had the proceeding been initiated in the court of a Magistrate who under Sub-section (2B) of Section 337 of the Code is required to send the case for trial to the special Judge after examining the approver. But we do not find anything in Sub-section (2B) of Section 337 to suggest that it affects in any way the jurisdiction of the Special Judge to take cognizance of an offence without the accused being committed to him for trial. Sub-section (2B) was inserted in Section 337 in 1955 by Amendment Act 26 of 1955. If by enacting Sub-section (2B) in 1955 the legislature sought to curb the power given to the Special Judge by Section 8(1) of the Criminal Law Amendment Act, 1952, there is no reason why the legislature should not have expressed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
