(1.) THESE applications have been presented by and on behalf of accused Nos. 1, 2 and 5. Reliefs claimed in both these applications and the grounds upon which same are claimed being indentical, the same are being disposed of with the common judgment.
(2.) THE reliefs which are claimed are more in the form and nature of a declaration. The applicants vide these applications are questioning the tender of pardon granted by Mr. R. K. Yadav, the then Honble Metropolitan Magistrate, Delhi to Shri Mohan Khandelwal an approver and who is listed as P. W. No. 20 in the list of witnesses accompanying the charge sheet filed in this case. It is inter alia prayed that this Court should declare the said order of Tender of Pardon as illegal, null and void, etc.
(3.) IT is inter alia asserted that the said Tender of Pardon, in the first instance, is without jurisdiction and secondly, has been passed in breach of relevant statutory provisions, namely, section 306 of Cr. P. C. For convenient purpose the reliefs as claimed, which in more details have been set out in Misc. Application No. 483 of 1998 of accused No. 5-Harshad S. Mehta and are re-produced hereinbelow to appreciate the nature and extent challenges.
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