BADRI PRASAD Vs. STATE OF UP AND OTHERS

JUDGEMENT

(1.) By this revision the Applicant has challenged the order of a Magistrate 1st Class, Kanpur, dated December 29, 1965, by which he granted pardon Under Sec. 337 Code of Criminal Procedure to R.K. Mehra, one of the accused in the case.

(2.) On April 7, 1962 an FIR was lodged by the Indian Institute of Technology, Kanpur, stating that a sum of Rs. 11,430/88 had been obtained from it on the basis of forged bills by Modern Scientific and Equipment Stores though no orders had been placed with this Firm nor any item received from it. The first information report alleged commission of offences Under Ss. 420 and 409 IPC. The investigation by the police revealed that R.K. Mehra and some other persons, Ganesh Prasad, Badri Prasad and others, were involved in committing these offences. After the statements of R.K. Mehra were recorded by the police and by a Magistrate an application was made Under Sec. 337 Code of Criminal Procedure for granting pardon to R.K. Mehra. The Magistrate, before whom the application was made, by order dated August 21, 1962, granted pardon to R.K. Mehra. This order was challenged before this Court in Cr. Rev. No. 1613 of 1962 on the ground that the Magistrate had no jurisdiction to tender pardon in respect of an offence Under Sec. 409 IPC as it was not one of the offences covered by Sec. 337 Code of Criminal Procedure. While this revision was pending the police filed a charge -sheet on March 28, 1963, alleging commission of offences Under Ss. 420, 468, 420/511 and 120 -B, IPC. R.K. Mehra, who had been granted pardon, was not cited as an accused in this charge -sheet but as a witness. The revision against the order granting pardon was allowed by this Court on January 16, 1964 (See, 1964 AWR 279) and the order granting pardon was set aside. Thereupon, a supplementary charge -sheet was filed in which R.K. Mehra was also impleaded as an accused. On June 5, 1965 an application was made by the complainant, Indian Institute of Technology, praying that R.K. Mehra be tendered pardon Under Sec. 337 Code of Criminal Procedure. Another application was made on September 27, 1965, by the State Counsel for the same purpose. The accused persons filed objections to these applications. By order dated December 29, 1965, the Magistrate overruled the objections and granted pardon to R.K. Mehra. Against this order the Applicants preferred a revision before the ADM (J), Kanpur. The revision was dismissed on December 31, 1966. Thereupon this revision was filed on April 4, 1967.

(3.) The main ground on which the order granting pardon is challenged is that one of the offences mentioned in the charge -sheet i.e. 420/511 IPC is not an offence covered by Sec. 337 and therefore, the Magistrate had no jurisdiction to grant pardon Under Sec. 337. In other words the contention is that when an accused person is accused of having committed an offence covered by Sec. 337 as well as with an offence not covered by this Sec. then no pardon can be granted Under Sec. 337 Code of Criminal Procedure. In the present case the offences Under Sec. 120 -B (Conspiracy to cheat), 420 and 468 IPC are offences which are covered by Sec. 337, but the offence Under Sec. 420/511 IPC, being punishable with imprisonment upto 3 1/2 years only, is not an offence covered by this section.