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THE HIGH COURT OF KARNATAKA
ANANT RAMANATH HEGDE, J
CENTRAL BUREAU OF INVESTIGATION (ANTI CORRUPTION BRANCH) – Appellant
Versus
PRAMILA G V P POTHURAJAN – Respondent
| Table of Content |
|---|
| 1. facts leading to the petition for revocation of pardon. (Para 2 , 12) |
| 2. arguments raised regarding compliance with pardon terms. (Para 13 , 14) |
| 3. observation on the revocation process of the pardon. (Para 18 , 19) |
| 4. clarification of revocation of pardon not being automatic. (Para 52) |
| 5. final ruling of the court. (Para 57) |
CAV ORDER
In the present Criminal Revision Petition, the following questions arise for consideration:
(i) Whether the certificate issued by the Public Prosecutor under Section 308 (1) of the Code of Criminal Procedure , would result in automatic cancellation/forfeiture of the pardon tendered under Section 306 of the Code?
(ii) Whether examination of the accused turned approver under Section 306 (4) of the Code of Criminal Procedure is mandatory in case the pardon is tendered by the Special Court which is competent to take cognizance of the offence and to try the accused?
(iii) Whether the respondent has violated the terms and conditions of the pardon?
2. Criminal Revision Petition is filed assailing the order dated 07.11.2022, passed in Crl.Misc.No.7811/2022, by which the petitioner’s application under Section 308 of the Code of Criminal Procedure (‘C
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