ISHTIYAK Vs. STATE(NCT OF DELHI)

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India r/w Section 482 Cr.P.C., the petitioner seeks issuance of writ of certiorari for quashing the impugned order of learned Additional Sessions Judge dated 10th July, 2012, vide which the charge under Section 3 of Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred as MCOCA) was framed against the petitioner in FIR No. 269/2011, PS Hauz Khas.

(2.) The brief facts as they emerge from the record are that the petitioner Mohd. Ishtiyaq was apprehended during vehicle checking in the area of PS Hauz Khas, New Delhi in a car baring No. DL 6C Q 3398. During scrutiny of Registration Certificate, it was found that the genuine number of vehicle was DL 3C Q 3398. A number of stolen music systems, speakers, amplifiers, laptops and other electronic items were found loaded in the vehicle. Accordingly, a case was registered against the petitioner herein vide FIR No. 151/2009 u/s 411/482/34 IPC at PS Hauz Khas, New Delhi. Investigation revealed that the petitioner has amassed a huge amount of wealth by way of unlawful activities. He was found involved in 26 cases of theft from 2006 to 2010. In many cases his accomplices, namely, Pradeep @ Bittu, S/o Madan Lal, R/o 51/A, Kewal Park, Azadpur, Delhi, Sakil @ Satish, S/o Shokeen Ahmed, R/o A1/84, Nehru Vihar, Karawal Nagar, Bhajanpura, Delhi and Satish Chand, S/o Alkesh Ram, R/o B-1170, Sonia Vihar, New Delhi were also found to be involved. The modus operandi of the petitioner herein was to study the topography of a particular area and the other surrounding circumstances and after meticulous planning, he committed the crimes in an organised manner. The petitioner along with his syndicate was successful in creating fear psychosis and terror in the minds of people in the areas where they were active and gained huge pecuniary benefit. To curb his criminal activity, a proposal was prepared and approval to apply Section 3 MCOCA was obtained. Accordingly, a case vide FIR No. 269/11 u/s 3 MCOCA was registered. During investigation, the petitioner was arrested. He was interrogated at length. As per his disclosure, investigation was conducted at his house as well as at his native place and he was found accumulating huge wealth. The confessional statement of the petitioner herein was also recorded by Sh. A.K. Ojha, DCP, South West District, Delhi under Section 18 MCOCA. During investigation vehicle No. DL-4C AG 2734 was found registered in the name of Mohd. Ishtiyaq. The complete files of the vehicle was obtained which revealed that the petitioner used one LIC policy No.172756096 issued at the address of one Wakil Ahmed as address proof with an affidavit in this regard in the transport authority to get the car registered in his name. On verification, the said LIC policy was found in the name of Sunil Kumar (LA) S/o Jag Mohinder (P) B-1201, Jahangir Puri, New Delhi-33. The notary Bhoop Singh was interrogated and it became clear that the accused got the car transferred in his name on the basis of forged/fake LIC documents. Hence Section 420/468/471 IPC was also added. He was convicted in FIR No. 190/2010, PS DLF Phase I, Gurgaon Haryana.

(3.) It was alleged that the petitioner along with the members of his organized crime syndicate have been actively involved in criminal activities both jointly and singly and, as such, proceedings of MCOCA are made out against him.