Pardon to approver under criminal procedure law triggers mandatory committal, and later withdrawal cannot undo that consequence.

Tender of pardon to approvers by a Magistrate under the statutory disclosure condition, followed by their examination, attracted the committal consequences of Section 337. Once that procedure was adopted, Sub-section (2-A) applied and, where reasonable grounds existed to believe the accused guilty, committal for trial to the Court of Session or High Court was required. A later attempt to proceed under Section 494 did not alter the legal character or effect of the earlier pardon procedure. Failure to record reasons was treated as an irregularity, and the Local Government's internal role did not change the Magistrate's statutory act.

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Issues: Whether the tender of pardon to the approvers and their examination attracted Section 337 of the Code of Criminal Procedure so as to require committal to the High Court or Court of Session, and whether the subsequent attempt to proceed under Section 494 could displace that consequence.

Analysis: The offences charged were within Section 337. The pardon was tendered by a Magistrate on the statutory condition of full and true disclosure, and the approvers were examined before the Magistrate. Once that procedure was adopted, Sub-section (2-A) became operative and, if there were reasonable grounds to believe the accused guilty, committal for trial to the Court of Session or High Court was required. The later resort to Section 494 could not change the character or consequences of what had already been done under Section 337. Any failure to record reasons was treated as an irregularity only, and the internal administrative role of the Local Government did not alter the statutory effect of the Magistrate's act.

Conclusion: The proceedings fell within Section 337, the Magistrate lacked jurisdiction to try the appellant, and the conviction and sentence were set aside.

Final Conclusion: The appeal succeeded, the trial was held to be without jurisdiction, and the matter was sent back for appropriate action under the statutory pardon procedure.

Ratio Decidendi: When a Magistrate tenders a pardon in substance under Section 337 and the approver is examined, the mandatory committal consequence follows and cannot be defeated by a later attempt to invoke Section 494.

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