- (1.) Mr. Sanjoy Chakrabarti, learned Advocate appears for the petitioner. Mr. Swapan Kr. Mallick, learned Advocate appears for the opposite party/ State. None appears on behalf of the other opposite parties. Heard Mr. Chakrabarti for the petitioner and Mr. Mallick for the opposite party/State.
(2.) The instant revision application under Section 401 read with Section 482 of the Code of Criminal Procedure preferred by the petitioner arises out of the order dated 29.9.2003 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta, in G. R. Case No. 1709 of 1994 whereby the petitioner's application under Section 306 of the Code of Criminal Procedure for tendering pardon has been rejected.
(3.) After hearing the learned Advocates for the petitioner and the opposite party/State and considering the materials on record, I find that the petitioner, Madan Mohan Dubey, who is one of the accused in the case of G. R. Case no. 1709 of 1994 pending before the Court of the learned Metropolitan Magistrate, 17th Court, Calcutta, has filed the petition seeking tender of pardon to him under Section 306 of the Code of Criminal Procedure. It appears from the order impugned that one of the accused, Ashok Chakrabarti, opposed the prayer of the present petitioner before the learned Court below contending that such prayer if allowed would cause prejudice to the interest of the other accused persons. The learned Magistrate, however, is of the view that the petitioner has not made full and true disclosure of the fact in the petition and furthermore, the confessional statement of the present petitioner was recorded under Section 164 of Cr.P.C.it further appears from the impugned order that there was no proper clarification of the matter on behalf of the prosecution before the learned Court below. Ultimately, the learned Magistrate has held that if the prayer of the present petitioner-accused, Madan Mohan Dubey. is accepted/allowed there is chance of causing prejudice to the remaining three accused persons of this case and the interest of the remaining accused persons can be affected.;