VIJAY MANN @ KAPIL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This judgment has been pronounced through video conferencing.

(2.) The present petition filed under Section 482 of the Code of Criminal Procedure (CrPC) seeks quashing of the sanction given for prosecution of the Petitioner, under The Maharashtra Control of Organized Crime Act, 1999 (hereinafter, "Act"), as also proceedings in furtherance to the said sanction.

(3.) The case of the Petitioner is that an FIR was lodged against the Petitioner, bearing FIR No.252/2018, on 25thMay 2018, under sections 3 and 4 of the Act. Mr. Akhand Pratap Singh, ld. Counsel for the Petitioner, submitted that on the date when the FIR under the Act was registered i.e. on 25th May 2018, there was only one other FIR which had been lodged against the Petitioner - being FIR bearing No. 62/2017. Two other FIRs were used against the Petitioner to justify the grant of sanction to prosecute under the Act. However, in FIR 62/2017, the Petitioner stood acquitted .Thus, he submitted that the ingredients required under Sections 3 and 4 of the Act to prosecute the Petitioner were not fulfilled.