D.P.Sengupta, J. - (1.) In the aforesaid four revisional applications the main relief prayed for is quashing of proceedings which are pending before the learned Judge, 1st Special Court, 24- Parganas at Alipore. The prosecution centres round the allegations of cheating, forgery, criminal conspiracy under sections 120B / 420 / 467 / 468 / 471 / 477A of the Indian Penal Code and sections 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. 1988 (hereinafter referred to as the said Act).
(2.) The main argument advanced by the learned Advocate of the petitioner in all the aforesaid four applications relates to the illegality of tendering pardon to the approvers by the learned Magistrate in the respective cases. The prosecution in the charge sheet has relied upon a piece of evidence namely order tendering pardon during investigation by the learned Chief Metropolitan Magistrate, Calcutta to two accused persons namely Rajesh Kumar Roy and Dipak Dutta in case No. RC-3(E)/97 and also an order tendering pardon during Investigation by the learned Sub-Divisional Judicial Magistrate, Alipore to one accused namely Sri Rajesh Kumar Roy in case No. RC-16(A) /96.
(3.) The common question involved in the aforesaid applications is whether the Court of learned Magistrate is empowered and competent to tender pardon to an accused for the offences alleged to have been committed under the Special Act/Statute, namely the Prevention of Corruption Act, 1988.;