Search Results for "Organized crime"

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Search Results for "Organized crime"

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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 Quashes FIR Against Husband and Mother-in-Law in Dowry Harassment Case Due to Lack of Specific Allegations. Vague and omnibus allegations in matrimonial dispute cannot sustain criminal proceedings under Sections 498A, 406 IPC and Dowry Prohibition Act.

22 Jun 2023

The judgment pertains to two connected matters: Criminal Application No.488 of 2020 filed by Hemant Dhirajlal Banker (husband) and Interim Application...

Supreme Court

Supreme Court Dismisses State Appeal in Gujarat Control of Terrorism and Organised Crime Act Case — Continuing Unlawful Activity Requires Post-Promulgation Offence. The Court held that the prosecution must prove that the accused committed an organised crime after the Act came into force, and mere prior charge-sheets are insufficient to invoke the Act.

15 Dec 2022

The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Se...

High Court

High Court of Karnataka Quashes FIR Against Accused No.2 in Organized Crime Case for Lack of Sanction Under Section 3 of Karnataka Control of Organized Crime Act, 2000. Court held that prior approval of the competent authority under Section 3(1) of the KCOCA is mandatory and its absence renders the FIR and entire proceedings void ab initio.

20 Sep 2022

The petitioner, Sri Mirle Varadaraju, accused no.2 in Crime No.2/2019 registered at Rajarajeshwari Nagar Police Station, Bengaluru, for an offence pun...

High Court

Bombay High Court Partly Allows Quashing Petition in Extortion Case — MCOCA Approval Set Aside for Lack of Application of Mind. FIR under Section 387 IPC Upheld as Prima Facie Case Exists, but Sanction Under Section 23(1) MCOCA Quashed as Mechanical and Without Proper Satisfaction.

14 Dec 2021

The Applicant, Hemant Dhirajlal Banker, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.303/...

High Court

Bombay High Court Partly Allows Appeal of 12 Convicts under MCOC Act for Dacoity and Rape — Sentences Reduced. The court upheld the conviction under Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 but reduced the sentences considering the period of incarceration.

3 Aug 2021

The case involves an appeal by 12 appellants against their conviction under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act). The appel...

High Court

Bombay High Court Quashes FIR Against Canteen Licensee in Hooch Tragedy Case — No Prima Facie Case of Culpable Homicide. Licensee of Civil Hospital canteen cannot be held vicariously liable for deaths caused by spurious liquor served at a private party without evidence of direct involvement or knowledge under Section 304 IPC.

13 Sep 2019

The case arises from a tragic incident on 12/02/2017 where a dinner party organized by two candidates contesting Zilla Parishad and Panchayat Samiti e...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

6 Nov 2017

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

High Court

Bombay High Court Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

25 Jun 2014

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...

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...

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