BALASAHEB BARKU KOLHE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard fnally.

(2.) This petition under Article 226 of the Constitution of India takes exception to an order dated 6th May, 2021, passed by the Commissioner of Police, Nashik City, whereby approval under Section 23(1)(a) of the Maharashtra Control of Organized Crime Act, 1999 ("the MCOC Act") has been granted to invoke the provisions of Sections 3(1)(i),(ii), 3(2) and 3(4) of the MCOC Act to CR No.37 of 2021, registered with Gangapur Police Station, Nashik, for the offences punishable under Section 302, 201, 120-B, 115 read with 34 of the Indian Penal Code, 1860 ("the Penal Code") and Section 4 read with 25 of the Indian Arms Act, 1959, against the petitioner and co-accused.

(3.) The petition arises in the backdrop of the following facts: