SHABHANA PARVEEN INAYATULLAH SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The petitioner, who is arraigned in CR No.332 of 2020, registered with Trombay Police Station, for the offences punishable under Sections 302, 504, 506, 427, 143, 144, 147, 148, 149 of the Indian Penal Code, 1860 ("the Penal Code") read with Section 142 of the Maharashtra Police Act, 1951 and Section 4 read with Section 25 of the Indian Arms Act, 1959 and Sections 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organized Crimes Act, 1999 ("the MCOC Act"), has preferred this petition for the following reliefs:

(3.) We have extracted the prayers in the petition, at the outset, on purpose. Mrs. Pai, the learned PP, assailed the tenability of the petition for the afore-extracted prayers. In the writ petition, according to the learned PP, the legality, propriety and correctness of the order passed by the learned Special Judge in Anticipatory Bail Application No.1523 of 2020 cannot be legitimately questioned. Secondly, prayer for quashing and setting aside the sanction order dated 9 th February, 2021 issued by the competent authority under Section 23(2) of the MCOC Act is also misconceived since the competent authority has not passed an order of sanction under Section 23(2) of the MCOC Act, qua the petitioner, as she is absconding and has yet not been arrested. The said sanction order is passed against the co-accused in respect of whom charge-sheet has been lodged on 12th February, 2021.