AMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision is filed by the injured complainant and the father of the deceased, challenging the order of the learned Chief Judicial Magistrate, Bhopal treating the non -applicant No. 2 as an approver and granting him pardon u/s. 306 Cr.P.C.

(2.) THE submission of the learned counsel for the applicants is that the statement given by the non -applicant No. 2 being different from the statement given by him to the police u/s. 161 Cr.P.C., the learned Chief Judicial Magistrate ought not to have pardoned the non -applicant No. 2 by his order dated 27.1.1992.

(3.) IN Misc. Cr. Case No. 2599 of 1992, the applicant was one Sanjay, alias, Yashwant, alias, Yashu, who is one of the co -accused in the case. The same co -accused namely, Sanjay, challenged the order of granting pardon in a revision, which was dismissed earlier. He sought the interference of this Court once again with respect to the same matter u/s. 482 Cr.P.C. It is under those circumstances that the learned Judge held that the co -accused has no locus standi to challenge the order u/s. 482 Cr.P.C.