ABHISHEK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) By way of this appeal, the appellant has challenged the judgment and order dtd. 16/12/2021, as passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Writ Petition No. 667 of 2020 whereby, the High Court has rejected his challenge to the order dtd. 5/11/2020, as issued by the Additional Director General of Police and Commissioner of Police, Nagpur City (Hereinafter also referred to as the 'sanctioning authority') under Sec. 23(2) of the Maharashtra Control of Organised Crime Act, 1999 (For short, 'MCOCA') sanctioning prosecution of the appellant with five other accused persons in Crime No. 251 of 2020 of Sadar Police Station, Nagpur City for varying offences under the Indian Penal Code, 1860 (For short, 'IPC'), the Arms Act, 1959 (Hereinafter also referred to as 'the Arms Act') as also MCOCA.

(3.) The genesis of the present appeal is in the complaint filed on 8/5/2020 at Police Station Sadar, Nagpur City. Therein, the complainant alleged that on 2/5/2019, he was forcefully kidnapped from Motimahal Restaurant, Sadar, Nagpur; and was intimidated with knife and a ransom of Rs.20.00 lakhs was demanded by the accused persons. The complainant alleged that three of the accused persons were known to him, being the present appellant Abhishek Singh, as also one Ankit Pali and another Roshan Sheikh. The complainant also alleged that the accused persons asked him to give them papers of his ancestral property and to hand over the shop; threatened him from time-to-time to kill; forcefully took his son in a vehicle; created terror of killing him and his son; and forcefully took out an amount of Rs.9,000.00 to Rs.11,000.00 from his pocket. The complainant further alleged that the accused persons visited his house from time-to-time demanding money; and that out of fear, he had left his house and was staying at other places.