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Search Results for "MCOC Act"

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High Court

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.

16 Jul 2014

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...

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 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 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 Allows Default Bail to Accused in MCOCA Case Due to Failure to File Charge Sheet Within 90 Days. Section 167(2) CrPC Entitles Accused to Indefeasible Right to Bail if Investigation Not Completed Within Statutory Period.

27 Nov 2018

The appellants, nine individuals, were arrested in connection with Crime No. 179 of 2018 registered at Anandnagar Police Station, Osmanabad, for vario...

High Court

Bombay High Court Quashes MCOCA Prosecution for Invalid Sanction — Lack of Application of Mind by Sanctioning Authority. Sanction under Section 23(2) of Maharashtra Control of Organised Crime Act, 1999 must reflect due consideration of material; mechanical grant vitiates prosecution.

10 Nov 2006

The Bombay High Court disposed of four criminal writ petitions filed by Pradip Madgaonkar @ Bandya Mama, Vinod G. Asrani, and Jayant Rajaram Mule, cha...

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...

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 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 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.

25 Jan 2006

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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