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may 2016

Supreme Court of India · 2016-05-13

STATE TH. CBI CHENNAI vs V. ARUL KUMAR

Citation / case number
SC 2013/36000
Court
Supreme Court of India
Petitioner
STATE TH. CBI CHENNAI
Respondent
V. ARUL KUMAR
Author
A.K. SIKRI

Judgment text excerpt

The Supreme Court held that the Metropolitan Magistrate had the authority to grant pardon under Section 306 of the Criminal Procedure Code, despite the respondent's argument that only the Special Judge could do so. The Court distinguished the facts of this case from the precedent set in Bangaru Laxman v. State (through CBI), affirming that the trial court's dismissal of the challenge to the tender of pardon was justified. The appeal by the State was dismissed, upholding the High Court's ruling that the Special Judge possesses the powers of a Magistrate under the relevant provisions.

STATE TH. CBI CHENNAI vs V. ARUL KUMAR · Niyam