Calcutta High Court
Queen-Empress vs Manick Chandra Sarkar on 3 March, 1897
Equivalent citations: (1897)ILR 24CAL492
JUDGMENT
Ghose and Gordon, JJ.
1. 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 under Section 339 of the Criminal Procedure Code.