THE STATE Vs. GURDIAL SINGH MOHINDER SINGH

JUDGEMENT

(1.) RESPONDENT Gurdial Singh was made an approver in a case under Sections 409, 406 and 420, Indian Penal Code, and was granted pardon on 26th June 1963, by the District Magistrate, Patiala, as required under Section 337 of Cr. P. C. Gurdial Singh, in his statement recorded by a Magistrate, 1st Class, Patiala, under Section 164, Cr. P. C. on 27th June 1963, confessed his guilt and disclosed how the other accused in that case committed the offences. He was examined in the committing Court where he resiled from his previous statement. The State has moved this application under Section 339 (3), Cr. P. C., that Gurdial Singh had not fulfilled the conditions of the pardon granted to him and had made contradictory statement before the committing Court from the one which he had made before a Magistrate under Section 164,Cr. P. C., and that Gurdial Singh had committed perjury. It was, therefore, prayed that this Court should allow permission to launch prosecution under Section 193, I. P. C. against Gurdial Singh.

(2.) NOTICE of this petition was issued to Gurdial Singh. He put in his affidavit stating that he was already being prosecuted in the original case under Sections 409, 406 and 420, I. P. C. and, therefore, no prosecution as now prayed should and could be launched against him. In that connection his learned Counsel has invited my attention to the wording of Section 339 of the Code the relevant provisions of which run as under