High CourtsDivision Bench(1897) 03 CAL CK 0028

Queen-Empress vs Manick Chandra Sarkar

Calcutta High Court · Decided on 3 March 1897 · Citation: (1897) ILR (Cal) 492

HON’BLE JUDGES
Gordon, J · Ghose, J

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Judgment

2 paragraphs · 99 words

Ghose and Gordon, JJ.—We are of opinion that an application for sanction to prosecute an approver for giving false evidence should be made by motion on behalf of the Grown in open Court, and not by a letter of reference, such as has been submitted by the Sessions Judge in the present case.

2.

As to the other recommendation made by the Sessions Judge, we think that it is for the authority, which granted the conditional pardon, to withdraw it, and not for this Court to do so in the first instance u/s 339 of the Criminal Procedure Code.