ORDER :- This is a novel case. The petitioner has filed the writ petition seeking a writ of certiorari to quash the order of the learned Seventh Presidency Magistrate passed on 24-9-1944, granting pardon under S. 337 Cr. P.C. to one Gurunathan. On a perusal of the affidavit filed in support of the writ petition and also after hearing the learned counsel for the petitioner, the grounds on which he seeks the relief can be summarised thus :

2. The first is that S. 387 Cr. P.C. which provides the rule for tendering pardon to an accomplice on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, is a provision which is opposed to all principles of law, criminal jurisprudence and natural justice. Such a provision for tendering pardon to an accomplice for the purpose of securing "King's evidence" as it is commonly known in English Law, has existed for a long time as one of the recognised methods of obtaining evidence in criminal trials, in cases where other methods of obtaining evidence often fail, on the principle that it will be worthwhile to spare one of the several