NIYAZ AHMAD HAFZUL KABIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties. By this application under Section 482 of the Code of Criminal Procedure, the applicant had challenged the order dated 09.07.2012 passed by the learned Special Judge, MCOCA Court, Nagpur ordering putting up the proceeding for verification of the complainant.

(2.) The applicant has filed the said complaint under section 9(1) of the Maharashtra Control of Organized Crime Act, 1999 (Hereinafter referred to as the "MCOC Act"), before the said Court constituted under section 5 of the MCOC Act. After presenting the said complaint, the complainant had prayed for forwarding the said complaint to the competent officer for the investigation in accordance with the provisions of the MCOC Act. It appears that thereafter the complainant having not appeared, the order impugned in the present application was passed putting up the said case for recording verification statement of the complainant.

(3.) Mr. Zia Quazi, learned counsel for the applicant, firstly drew my attention to paragraph Nos. 50 and 52 of the Full Bench decision of this Court in Ashok Gyanchand Vohra and Ors. vs. State of Maharashtra and Anr., 2006 3 MhLJ 164 which read as under: