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2023 Supreme(Online)(J&K) 151

HIGH COURT OF JAMMU AND KASHMIR
STATE TH.C.B.I. – Appellant
Versus
PAYAL AGARWAL AND ORS. – Respondent


JUDGMENT

1. Since a common question of law is to be decided in all these criminal revisions, same are proposed to be disposed of by this common judgment.

2. Petitioners through the medium of aforesaid revision petitions have challenged the order dated 29.01.2016 passed by the Court of learned Additional Sessions Judge Jammu, and order dated 24.05.2013 passed by the learned Chief Judicial Magistrate (Special Magistrate CBI) Jammu, seeking directions to the learned CBI Magistrate to initiate proceedings to tender pardon to accused Pankaj Kumar Priyadarshi and Heemant Singh Rajawat and in the alternative to quash the orders aforesaid granting pardon to the aforesaid accused.

3. The CBI Magistrate vide order dated 24.05.2013, while considering the charge sheet arising out of RC No. 004201S0009 of CBI (ACB) Jammu, wherein it has been prayed in all the cases that the accused who had turned approvers to support the prosecution case be granted pardon and allowed to be taken as approvers in the case under section 337 read with section 338 of J&K CrPC. The learned Magistrate did not grant pardon as prayed for to those accused to become approvers in the cases as the same were held to be impermis

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