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Bombay High Court Allows Appeal in MCOCA Case Due to Lack of Sanction and Absence of Organized Crime Syndicate. Appellant discharged as prosecution failed to establish existence of a continuing unlawful activity and prior sanction under Section 23(2) of MCOC Act, 1999 was not obtained.

The appellant, Prem Chunnilal Yadav, filed a criminal appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) chall...

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Bombay High Court Examines Revision Applications Against Rejection of Discharge in Murder Case: Sufficiency of Prima Facie Material at Stage of Discharge Questioned

The case arose from the brutal murder of Sunil Kumar Lahoria, proprietor of M/s. S.K. Builders and Developers, at Vashi, Navi Mumbai, on 16th February...

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Bombay High Court Allows Revision by Informant and State, Sets Aside Discharge of Accused in Dowry Death Case. Prima facie case under Sections 306, 498-A IPC read with Section 34 IPC made out against sister-in-law based on allegations of abetment to suicide and cruelty.

The judgment arises from two criminal revision applications challenging an order of the learned Sessions Court discharging the respondent-accused (Rek...

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Bombay High Court Considers Validity of Revised Sanction for Prosecution of Police Officer Under IPC for Kidnapping. Question Whether Fresh Material Required for Second Sanction Order Under Section 197 CrPC and Bar of Section 161 Maharashtra Police Act.

The instant criminal writ petition was filed under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India...

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Bombay High Court Allows Revision, Sets Aside Order Rejecting Discharge Application for Non-Compliance with Sections 226 and 227 Cr.P.C. — Mandatory Hearing Before Framing of Charge in Sessions Case

The revision petitioner, Balam Gulab Pathan, was the original accused in a sessions case for the offence punishable under Section 302 of the Indian Pe...

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Bombay High Court Hears Appeal Challenging Rejection of Discharge in MCOCA Case. Appeal Raises Issues on Requirement of Pecuniary Benefit and Validity of Approval and Sanction under MCOCA, 1999.

The matter arises from Criminal Appeal No. 930 of 2009 filed before the Bombay High Court under Section 12 of the Maharashtra Control of Organized Cri...