Search Results for "discharge under MCOCA"

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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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Supreme Court Sets Aside Interim Bail Granted by High Court in MCOCA Case, Condemns Forum Shopping. The Court held that granting bail in a writ petition challenging vires of MCOCA provisions, after withdrawal of a regular bail application, amounts to impermissible forum shopping.

The Supreme Court of India heard an appeal by the State of Maharashtra against an interim order of the Bombay High Court granting bail to the responde...

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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 Grants Bail to Police Officer in MCOCA Case for Lack of Sanction and Prima Facie Evidence of Organised Crime. The court held that the absence of valid sanction under Section 23(2) of MCOCA and failure to establish a prima facie case of organised crime entitled the applicant to bail.

The applicant, Anil Murlidhar Deshmukh, a police officer, was arrested on 8th October 2004 in connection with a case registered under various sections...

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High Court of Karnataka Adjudicates Criminal Appeal Against Order Refusing Discharge under Karnataka Control of Organised Crimes Act, 2000. Court Examines Whether Alleged Exam Paper Leak Constitutes 'Organised Crime' Within Meaning of Section 2(1)(e) of KCOCA.

The appellant, S. Narayan, was arraigned as accused No. 10 in Special C.C. No. 417/2016 before the Principal City Civil and Sessions Judge, Bengaluru,...

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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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Bombay High Court Grants Bail to Police Officers Accused Under MCOCA in Fake Stamp Racket Case. Court Holds Prolonged Custody and Weak Evidence Justify Bail Despite Stringent Provisions of MCOCA, Considering Applicants' Status as Public Servants and Lack of Immediate Threat of Tampering.

The case involved two police officers, Dattatray Krishnaji Ghule and Hitendra Manohar Vichare, who were arrested in connection with C.R. No. 131 of 20...