SAQUID ABDUL HAMID NACHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the special Court constituted under the provisions of the Prevention of Terrorism act, 2002 (hereinafter in short referred to as "the POTA Act" ). The order under challenge is dated 27th October, 2004. It arises from Miscellaneous Application Nos. 69 of 2004, 70 of 2004 and 92 of 2004.

(2.) BY Miscellaneous Application No. 69 of 2004 the applicant prayed to initiate criminal proceedings against the State of Maharashtra through DCB cid, Police Headquarters, Crawford Market, Mumbai and Police Officers, Shri ambadas Pote, Asstt. Commissioner of Police, Shri Suresh S. Walishetty, Asstt. Commissioner of Police, Shri. Pradeep Sawant, the then DCP, DCB CII (at present under suspension) as also against Dr. Satypal Singh, the then Jt. Commissioner of Police DCB, CID, Mumbai. The appellant also prayed before this Court to issues an order for sanctioning the prosecution of respondent accused including an order, if needed under section 197 of the Cr. P. C. and to prosecute them as accused for offence furnishable under POTA 2002 and also to pass an order against respondent to pay an amount of Rs. 5 lacs by each of them of the applicant complainant in view of section 58 of the POTA 2002.

(3.) IN Miscellaneous Application No. 70 of. 2002, the applicant prayed for identical relief against Mr. Kiran Thakur, Dy. Secretary to the Government of maharashtra, Home Department (Special), Mantralaya, Mumbai and the State of Maharashtra with prayer to initiate criminal proceedings against the respondents for offence punishable under section 58 (2) of POTA 2002 as also for various offences punishable under the I. P. C. with prayer for an order for issuance of sanction for prosecution of the respondent No. 2 under section 58 of POTA 2002 and also if needed under section 197 of Cri. P. C. with further prayer directing the respondent Mr. Kiran Thakur to pay Rs. 10 lacs as compensation to the applicant complainant.