Supreme Court · 2011 INSC 814 · Decided 22 November 2011
Bangaru Laxman v. State (Through Cbi) & Another
- Court
- Supreme Court of India
- Citation
- 2011 INSC 814 · [2011] 13 S.C.R. 268
- Case number
- CRIMINAL APPEAL No. 2164/2011
- Decided
- 22 November 2011
- Bench
- A.K. GANGULY, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 306(2)(a), 164, 306; Prevention of Corruption Act Section 5(2), 26
Headnote
PREVENTION OF CORRUPTION ACT, 1988: s. 5(2) - Power of Special Judge to grant pardon at investigation stage - Held: On a harmonious reading of s. 5 (2) of the P. C. Act with the provisions of s. 306, specially s. 306 (2) (a) of the Code and s. 26 of the P. C. Act, the Special 0 C. Act, while trying offences, has the dual power of the Sessions Judge as well as that of a Magistrate, and conducts the proceedings under the Code both prior to as well as after the filing of charge she2t, for holding the trial ""' Therefore, the power of granting pardon, prior to the
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)