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1970 Supreme(All) 460

G. C. MATHUR
Badri Prasad – Appellant
Versus
State of UP – Respondent


Advocates appeared:
Keshav Sahai and S.C. Verma, For the Appellant /

ORDER

G.C. Mathur, J. - By this revision the Applicant has challenged the order of a Magistrate 1st Class, Kanpur, dated December 29, 1965, by which he granted pardon u/s 337 Code of Criminal Procedure to R.K. Mehra, one of the accused in the case.

2. On April 7, 1962 an FIR was lodged by the Indian Institute of Technology, Kanpur, stating that a sum of Rs. 11,430/88 had been obtained from it on the basis of forged bills by Modern Scientific and Equipment Stores though no orders had been placed with this Firm nor any item received from it. The first information report alleged commission of offences Under Sections 420 and 409 IPC. The investigation by the police revealed that R.K. Mehra and some other persons, Ganesh Prasad, Badri Prasad and others, were involved in committing these offences. After the statements of R.K. Mehra were recorded by the police and by a Magistrate an application was made u/s 337 Code of Criminal Procedure for granting pardon to R.K. Mehra. The Magistrate, before whom the application was made, by order dated August 21, 1962, granted pardon to R.K. Mehra. This order was challenged before this Court in Cr. Rev. No. 1613 of 1962 on the ground that the Magistrate

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