JUDGMENT

S. Padmanabhan, J.- As many as 14 cases popularly known as 'Mark list Cases' were charge sheeted, before the Chief Judicial Magistrate, Trivandrum, prior to the establishment of the Special Court. At a time when those cases were pending investigation, the investigating officer, in one of the cases (Crime No. 284/CR/80 filed a report M.P. 3656 of 1982 before the Chief Judicial Magistrate, Trivandrum, under section 306 of the Code of Criminal Procedure to tender pardon to one Anandan who was one of the accused in the cases, and to record his statement. The offences are not exclusively triable by the Court of Session. By order dated 26.11.1982 the then Chief Judicial Magistrate Mr. Sadasivan turned down the prayer. He doubted his power to grant the prayer and went on to consider how he was to proceed after tendering pardon and recording the statement.

2. The order was challenged by the State in Crl. R.P. 136 of 1982 before the Sessions Judge, Trivandrum. The Sessions Judge allowed the revision and directed the Chief Judicial Magistrate to accept the report of the investigating officer and proceed according to law. It was also provided in the order that when the Chief Judicial