Honble LAL, J.–This petition under Section 482 Cr.P.C. seeks quashing of the proceedings initiated against the petitioner on the basis of FIR no.253/96 dated 14.11.1996 recorded by the Anti- Corruption Bureau, Jodhpur in which after investigation challan has been filed against the petitioner alongwith co-accused Ramesh Purohit.

(2). Briefly stated, the relevant facts necessary for the disposal of this petition are that one Sugna Ram, the then Sarpanch Gram Panchayat Patel Nagar, Tehsil Bilara made a complaint on 9.11.1996 to the Addl. S.P. ACD Cases, Jodhpur with the allegations that a Panchayat Bhawan has been got constructed under the famine relief scheme on a total cost of Rs.3,20,000/- out of which the payment of Rs.76,000/- was yet to be made and for the payment of which Shri ramesh Purohit, the then B.D.O. demanded Rs.32,000/- as bribe i.e. 10% of the total amount of Rs.3,20,000/-. After verifying the satisfying about the veracity the truth of the allegations, a trap was arranged and after the successful trap a case FIR No.253/96 was registered against the petitioner for the offences under Section 7, 13(1)(d)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as `the Act) and 120-B IPC as well as against Ramesh Purohit, the then B.D.O. During the course of investigation, the petitioner Rajendra Singh moved an application before the learned Chief Judicial Magistrate, Jodhpur for grant of pardon. The learned Magistrate after satisfying himself about the willingness of the petitioner, recorded his confessional statement under Section 164 Cr.P.C. He tendered him pardon under Section 306 Cr.P.C. land sent his statement to the learned Special Judge, A.C.D. Cases, Jodhpur in a sealed cover. But after the completion of investigation, a challan has been filed against both the accused persons ignoring the grant of pardon to the petitioner. Hence, this petition under Section 482 Cr.P.C.

(3). I have heard the learned counsel for the petitioner, learned Public Prosecutor on behalf of the State and learned counsel for the co-accused Ramesh Purohit, after accepting his application for being heard.

(4). The precise question for determination before me is as to whether the petitioner could be tendered Pardon by the learned Chief Judicial Magistrate under the provisions of Section 306 Cr.P.C. in a case exclusively triable by the learned Special Judge, ACD Cases, Jodhpur and whether the pardon once tendered to an accused could be ignored and challan against him could be filed without first getting the order of grant of pardon set aside or cancelled.

(5). In order to properly appreciate and decide the aforesaid question, it would be appropriate to extract here the provisions of Section 306 Cr.P.C. and Section 5 of the Act.

5. Procedure and powers of special Judge.

(1) A special Judge may take cognizance of offences without the accused being committed to him for trial and in trying the accused persons, shall follows the procedure prescribed by the Code of Criminal Procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.

(2) A special Judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirect concerned in, or privy to, a offence, tender a pardon to such person condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of Section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under Section 307 of that Code.

(3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973, (2 of 1974) shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for the

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