SANJAY KAMLAKANT RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Appeal admitted. The learned APP and the learned counsel appearing on behalf of the respective respondents waive notice of admission. By consent, the appeal along with the connected writ petition is taken up for final hearing.

(2.) The criminal appeal is filed by the original accused No.4 Sanjay and the Writ Petition is filed by the original accused No.2 Mohammed Shamim Badgujar questioning the order passed by the learned Additional Special Judge under the Maharashtra Control of Organised Crime Act, 1999 (for short, " the MCOC Act" ) on 7-9-2010 to the following effect:

(3.) The context in which this order came to be passed could be briefly stated as under: The complainant M/s. B.K. Appa through its proprietor Mr. B.P. Appa filed a complaint in the Special Court constituted under the MCOC Act on 29-4-2008 requesting the Court to invoke its power under Section 156(3) of Cr.P.C. and forward the complaint to DCB-CID, Crime Branch or the Senior Police Inspector of Malad Police Station for investigation and report for various offences. Accordingly, by order dated 17-12-2008 the complaint was sent by the learned Special Judge for investigation under Section 156(3) of the Cr.P.C.. An offence was registered under the MCOC Act and under Section 386 of the IPC. On 10-6-2009 the officer investigating into the crime submitted a CSummary. The learned Judge refused to accept the Summary and directed further investigation. This further investigation was conducted by ACP T.R. Chavan who submitted a report on 26-2-2010. Since the competent authority refused to grant under Section 23 of the MCOC Act prior approval for registration of offence, the investigating officer concluded that filing of charge-sheet under the MCOC Act was ruled out. The officer, however, concluded that possibly Mohammed Shamim Badgujar and the appellant Sanjay along with others had committed offences under Sections 504, 506, 427, 323, 406, 418 and 420 r/w Sections 34 and 120B of the IPC and that there was sufficient material to submit a charge-sheet against them. He concluded his report by stating that since these offences were disclosed, they may be registered afresh and after completion of the investigation charge-sheet could be filed before the Addl. Chief Metropolitan Magistrate, 17th Court, Borivali, Mumbai for which he sought appropriate orders. On this report, the impugned order came to be passed.