Supreme Court · 1967 INSC 224 · Decided 28 September 1967
LT. Commander Pascal Fernandes v. The State of Maharashtra & Others
- Court
- Supreme Court of India
- Citation
- 1967 INSC 224 · [1968] 1 S.C.R. 695
- Case number
- CRIMINAL APPEAL No. 148/1967
- Decided
- 28 September 1967
- Bench
- M. HIDAYATULLAH, VISHISHTHA BHARGAVA, C.A. VAIDYIALINGAM (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 5(2); CrPC Section 8, 337(11), 338, 540, 337; Prevention of Corruption Act Section 5(2)
Headnote
B Criminal Law Amendment Act· (4'> of 1952), s. 8(2) and Criminal Procedure Code (Act 5 of 1898), ••· 337 and 338-Power to tender pardon under Criminal Law Amendment Act-If e.vercisable onlv on the application of prosecution-If governed bu •. 54-0, Cr.P.C.­ officers, an upper division clerk and four others were being tried before the Special Judge, appoint- ed under s. 6 of the Criminal Law Amendment Act, 1952, for various offences including criminal misconduct under s. 5 (2) of the Prevention of Corruption Act, 1947. The clerk applied to the
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