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Bombay High Court Allows Appeals in MCOCA Case Due to Invalid Sanction and Lack of Application of Mind — Proceedings Quashed as Sanction Under Section 23(2) of MCOCA, 1999 Was Granted Without Independent Scrutiny of Material.

The judgment arises from multiple criminal appeals filed by accused persons challenging the validity of proceedings under the Maharashtra Control of O...

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Bombay High Court Dismisses Appeal Against MCOCA Charges for Members of Organised Crime Syndicate. Requirement of Two Prior Chargesheets Applies to Syndicate, Not Individual Members.

The appellants, original accused Nos. 2 and 4, filed an appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) challe...

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Bombay High Court Dismisses Appeal Against MCOCA Charges in Robbery Case — Appellant Fails to Show Lack of Prima Facie Evidence for Organized Crime. Court upholds trial court's rejection of discharge, finding sufficient material to proceed under MCOCA for dacoity and robbery offences.

The appellant, Maruti Navnath Sonawane, filed a criminal appeal before the Bombay High Court challenging the order of the Special Judge for MCOCA at B...

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Bombay High Court Quashes MCOCA Sanction Against Petitioner Due to Non-Application of Mind by Sanctioning Authority. Sanction Order Under Section 23(1) of MCOCA Set Aside as Authority Failed to Consider 'Continuing Unlawful Activity' Requirement.

The petitioner, Sagar Balasaheb Gaikwad, filed a writ petition before the Bombay High Court seeking quashing of the sanction order dated 27.11.2018 un...

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Bombay High Court Quashes Externment Order Under Maharashtra Police Act, 1951 for Want of Reasons and Procedural Defects. Failure to Assign Reasons for Externment from Adjoining Districts and Non-Mention of In-Camera Statements in Show Cause Notice Render Order Illegal.

The petitioner challenged an externment order passed by the Sub-Divisional Magistrate under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, w...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Dismisses Petition Challenging Refusal of Sanction to Prosecute Police Officer Under MCOCA. Private Complaint for Offences Under MCOCA Requires Prior Sanction from Competent Authority Under Section 23 of the Act.

The petitioner, Avinash Tukaram Sanas, filed a Criminal Writ Petition before the Bombay High Court challenging the order of the Commissioner of Police...