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2020 (5) TMI 562

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..... he conditions precedent therefor, arises for consideration. Issue Notice - List this matter for final disposal on 3rd June, 2020. - CRL.M.C. 1477/2020 & CRL.M.As.6490-91/2020 - - - Dated:- 18-5-2020 - HON'BLE MR. JUSTICE C. HARI SHANKAR Petitioner Through: Mr. Zoheb Hossain, Advocate Respondent Through: Mr. R.K.Handoo and Rajat Manchanda , Advs. O R D E R 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 1477/2020 1. This matter has been taken up for hearing by video conferencing, consequent to listing thereof having allowed by the Registrar. 2. This petition, under Section 482 of Code of Criminal Procedure, 1973, assails an order, dated 5th March, 2 .....

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..... to him, in his confessional statement under Section 164 Cr.P.C. Vide order dated 25.03.2019, the respondent Rajiv Saxena was granted pardon and he was made approver subject to his making full and true disclosure of whole of the circumstances as are within his knowledge relating to the offence and to every other person concerned whether as abettor or principal in the commission of the offences. 22. Now the Enforcement Directorate is seeking revocation of tender of pardon to respondent Rajiv Saxena on the grounds, that the respondent Rajiv Saxena did not cooperate during investigation, did not provide documents/complete documents, concealed material facts and documents, contacted co-accused etc. and has thus violated the conditions as i .....

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..... 25. The application filed by ED is premature and is liable to be dismissed. The Enforcement Directorate may move appropriate application for revocation of pardon granted to respondent Rajiv Saxena, if so needed, at appropriate stage. 5. The application contains detailed allegations, on facts, to highlight that the respondent has misused the pardon, extended to him, and has not made a full and true disclosure of the information known to him, or the documents, over which he has control. Prima facie, it is not necessary to enter into the said details, as the learned trial court has dismissed the application of the petitioner on a preliminary ground, without examining it on merits. 6. Essentially, this case involves a pure question .....

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