Kullan vs Emperor on 17 November, 1908
Whatever weight is to be attached to this judgement, the same High Court in Kullan v. Emperor (1908) I.L.R. 32 Mad. 173 held that under Section 339, Criminal Procedure Code, there is no necessity for withdrawal, and withdrawal has no effect. In this particular case the pardon in question had been tendered by the committing magistrate. The person to whom it had been tendered had at the trial before the Sessions Judge retracted the evidence previously given by him, and the District Magistrate, who was not the person who had tendered the pardon, purported to withdraw the pardon, and the appellant was subsequently tried and convicted of dacoity, the offence of which a pardon had been tendered.