The expression under Section 306 CrPc is different as far as the power of Chief Judicial Magistrate or a Metropolitan Magistrate as it says at any stage of investigation or inquiry into or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial may Pardon to such person.
Here the power of Magistrate is different from that of CJM and MM by the word "investigation" Question is in a case exclusively triable by Magistrate first Class where police investigation is going on, the Magistrate can grant pardon to one of the accused pending police investigation even though the word investigation is not there as regards the power of First Class Magistrate under 306?
