MUBIN KADAR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 220 of 2022 has been filed by the Appellant - Mubin Kadar Shaikh to quash and set aside the order dtd. 24/4/2019 whereby the Appellant's application under Exhibit 396 has been rejected by the Trial court in Sessions Case No. 4 of 2015 (previously numbered as MCOCA Special Case No. 4 of 2009).

(2.) Appellant is accused No. 8 in Sessions Case No. 4 of 2015 pending with the Special Court constituted under the NIA Act, 2008 arising out of C.R. Nos. 152/2008 and 162/2008 of DCB-CID, Mumbai. On 26/2/2013, the Appellant and one another co-accused filed an application vide Exhibit '623' before the then Special MCOCA Court challenging quashing of the invocation of the provisions of Ss. 3(1)(ii), 3(2) and 3(4) of the MCOC Act, 1999 in Sessions Case No. 4 of 2015 on the ground that there was no prima facie material to frame charges against the applicants under the said provisions.

(3.) During pendency of the aforesaid application under Exhibit '623', on 10/12/2013 charges were framed against the accused thereby making the application filed vide Exhibit '623' redundant.