JITENDRA ASHOK BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave to amend to correct the prayer clause (A) in respect of the order dtd. 9/3/2023 passed under Sec. 82 of Cr.P.C., is granted. Amendment to be carried out forthwith.

(2.) Heard Shri Aman Kacheria, learned counsel for the Applicant and Shri N.B. Patil, learned APP for the Respondent-State.

(3.) The Applicant is an accused in C.R. No.331/2022 registered at Vimantal police station, Pune city under Sec. 384 read with 34 of IPC and under Sec. 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act, 1999 (for short, MCOC Act). It is the case of the investigating agency that the Applicant could not be arrested as he was absconding and, therefore, the investigating agency obtained a warrant of his arrest issued by the Special Judge, Special Court, MCOC Act, Shivaji Nagar, Pune on 10/2/2023. According to the investigating agency, inspite of their efforts the Applicant could not be found and the warrant could not be executed and, therefore, they prayed for issuance of proclamation under Sec. 82 of Cr.P.C. This application was filed on 1/3/2023. On that day, learned Special Judge passed the following order : "Read. Allowed. Issue proclamation as prayed."