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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Shyamal Dutta – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on behalf of the petitioners. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's analysis and observations regarding the revocation of pardon. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 4. the revisional applications lack merit. (Para 37) |
| 5. conclusion and order of dismissal. (Para 38 , 39 , 40 , 41 , 42 , 43) |
Judgment :
Ajay Kumar Gupta, J.
1. Petitioner, Shyamal Dutta in CRR No. 516 of 2020 has challenged the order dated 31.08.2019 passed by the Special Judge, CBI Court No. 2, Alipore, South 24 Parganas in connection with Special Case No.17/2009 Z(R-17/2009) arising out of RC No. 0102007A0026 under Sections 120B read with Sections 420 /471 of the Indian Penal Code and Section 11 read with Section 13 (1) (d) read with (2) of the Prevention of Corruption Act, 1988 thereby revoked the order Nos. 14 and 18 dated 07.07.2009 and 24.07.2009 respectively, expunged the evidence adduced by the Petitioner as an approver (PW-13) and issued warrant of arrest against him.
2. The Petitioner, Smt. Kaveri Dutta, wife of Shyamal Dutta in
The trial court can revoke an approver's pardon if there is evidence of misrepresentation in the proceedings, even without a Public Prosecutor's certification, as established under the relevant provi....
The court ruled that the revocation of pardon granted to an approver is not automatic upon issuance of the Public Prosecutor's certificate; it requires a prima facie determination of violations.
The court established that a trial court should not prejudge the merits of evidence when considering an application for granting pardon under Section 306 of the Code of Criminal Procedure.
Section 306 of Cr.P.C. dealing with tendering of pardon, pardon is a permissible exercise of power by concerned Court and if full disclosure of fact are coming about in terms of said pardon, such par....
Revisional power under Section 397 read with Section 401 Cr.P.C. can be exercised by the Court suo-motu particularly to examine the correctness, legality or propriety of any finding, sentence or orde....
Grant of pardon in a scheduled offence does not automatically absolve the accused from facing trial under PMLA unless the accused seeks pardon in the PMLA case by making a full and true disclosure of....
The grant of pardon is within the exclusive domain of the Court and is subject to the condition that the proposed approver makes a full and true disclosure of the circumstances within their knowledge....
The provisions of Section 306(4)(a) of the Cr.P.C. are not attracted if an accused is tendered pardon after the commitment by the Court to which the proceeding is committed in exercise of powers unde....
Secrecy of crime and paucity of evidence, solely for the apprehension of the other offenders, recovery of the incriminating objects and production of the evidence otherwise unobtainable might afford ....
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