Search Results for "MCOC Act, 1999"

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Search Results for "MCOC Act, 1999"

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High Court

High Court Quashes Approval and FIR Under MCOC Act for Acts Occurring Prior to Act's Enforcement, Invoking Article 20(1) Protection. Petitioners Challenged Investigation Under Sections 3 and 7 of Maharashtra Control of Organised Crime Act, 1999 on Grounds of Retrospective Criminalisation in Violation of Article 20(1) of Constitution of India.

5 Apr 2005

The judgment of the Bombay High Court arose from five writ petitions filed by Altaf Ismail Sheikh, Avinash Tukaram Sanas, Dr. Baban Shivram Kadam, Vis...

High Court

Bombay High Court Quashes Sanction Order Under MCOC Act for Lack of Satisfaction Regarding Organized Crime Syndicate. Sanction under Section 23(2) of Maharashtra Control of Organised Crime Act, 1999 set aside as the sanctioning authority failed to record satisfaction about existence of 'organized crime syndicate' as defined under Section 2(f) of the Act.

16 Dec 2021

The petitioner, Abhishek Singh, challenged the sanction order dated 05.11.2020 passed by the Additional Director General of Police and Commissioner of...

High Court

Bombay High Court Allows Petitions Challenging MCOCA Application for Lack of Continuing Unlawful Activity. Court holds that isolated past offences without material showing ongoing criminal activity cannot attract provisions of Maharashtra Control of Organized Crime Act, 1999.

24 Jul 2006

The petitioners, Appa @ Prakash Haribhau Londhe and Uttam Ramchandra Hole, filed separate criminal writ petitions challenging the applicability of the...

High Court

Bombay High Court Allows Discharge of Accused from MCOC Act Offences for Lack of Sanction and Prima Facie Case. The court held that the sanction under Section 23(1)(a) of MCOC Act was invalid and the allegations did not constitute 'organised crime' under Section 2(1)(e) of the Act.

11 Mar 2019

The appellants, original accused nos.1 to 6 in MCOC Special Case No.5 of 2016 pending before the Special Judge (under the MCOC Act), Pune, filed an ap...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOC Case for Invalid Sanction. Sanction Under Section 23(2) of MCOC Act Was Granted Without Application of Mind and Condition of More Than One Charge-Sheet Was Not Satisfied.

8 Jan 2010

The State of Maharashtra filed an appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) against an order dated 24...

High Court

Bombay High Court Quashes Prior Approval Under MCOC Act Against Mother of Accused for Lack of Continuing Unlawful Activity — Pre-Arrest Bail Granted Despite Section 21(3) Embargo. The court held that a single act of purchasing a car after the crime does not constitute 'continuing unlawful activity' under Section 2(1)(d) of MCOC Act, and Section 21(3) does not bar constitutional remedy under Article 226.

28 Jun 2024

The petitioner, a woman, challenged the prior approval granted under Section 23(1)(a) of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Ac...

High Court

Bombay High Court Dismisses State Appeal in MCOCA Discharge Case for Lack of Evidence of Organised Crime Syndicate. Single Incident of Murder Does Not Constitute 'Organised Crime' Under Section 3 of Maharashtra Control of Organised Crime Act, 1999 Without Proof of Continued Unlawful Activity and Syndicate Membership.

6 May 2011

The State of Maharashtra appealed against an order of the Special Judge, Pune, discharging the respondent-accused Rahul Ramchandra Taru from offences ...

High Court

Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

29 Sep 2006

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

High Court

Bombay High Court Acquits Accused in MCOCA Case Due to Lack of Sanction and Insufficient Evidence of Organized Crime. Conviction under IPC for robbery and house-trespass upheld but MCOCA offences set aside as procedural requirements not met.

2 Dec 2022

The appellants, Amar Chauhan (accused No.1), Bittu Mahi (accused No.2), and Dilip Chauhan (accused No.3), were convicted by the Special Judge under MC...

High Court

Bombay High Court Upholds MCOCA Charges Against Accused in Robbery Case — Prior Approval Under Section 23(1)(a) Valid and Charge Not Required to Be Re-Framed After Sanction. The court held that the prior approval under Section 23(1)(a) of the MCOC Act is a condition precedent for investigation, not for framing charge, and the charge can be framed on the basis of material collected during investigation.

21 Apr 2014

The appellant, Anwar Elahi Fazal Elahi Khan, was an accused in MCOC Special Case No.18 of 2012 arising out of Crime No.151 of 2009 registered at Dahis...

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