2016 Yogesh Goudar Murder Case: Karnataka HC Quashes Order Allowing Accused To Record Statement And Pardoning Him Long After Trial Began

The Karnataka High Court quashed an order of a special court which had directed a magisterial court to record an accused's statement under Section 164 CrPC in a murder case, pursuant to which he was granted pardon and made an approver, noting that such an order was on the face of it illegal and against the law. The petitioners challenging the order of pardon contending that the concerned Court had no jurisdiction to direct the learned Magistrate to record the statement of the applicant under section 164 of Cr.P.C., on an application seeking pardon under Section 306 of the Cr.P.C. In such circumstances only, the second application would be maintainable before the concerned Court, other than the factual or actual changed circumstance.” Referring to the order of the special court granting pardon to the accused based on recording of the Section 164 statement by the Magistrate. The court referred to Apex court judgement in the case of RAMPAL PITHWA RAHIDAS v. STATE OF MAHARASHTRA, and said “There is gross procedural aberration, as the statement under Section 164 is recorded while considering an application seeking pardon under Section 306 of the Cr.P.C, which cannot be done.” Further it said, “Section 306 of the Cr.P.C.