SURENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 16.12.2014, whereby, application submitted by the petitioner under section 306 CrPC for pardon was dismissed as was filed without first making a request to the prosecution to examine the petitioner as their witness.

(2.) It is stated that dismissal of the application is not proper. The court should have first sent it to the prosecution for their comments and thereupon to decide the application. The court dismissed the application mainly on the ground that before filing it, prosecution was not requested to produce accused-applicant as their witness. The court failed to consider scope of section 306 CrPC while passing the order, thus impugned order may be quashed with a direction to the court below to accept the application.

(3.) To appreciate the scope of section 306 CrPC, this court requested Mr Mahendra Singh, learned Advocate to assist the court.