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

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