MUJAHID Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith and by consent, the matters are heard finally. By these applications under section 482 of the Code of Criminal Procedure, the applicants/accused seek quashing of first information report in C.R. No. 43 of 2014, registered at Shevgaon police station, to their extent, insofar as an offence punishable under section 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as "MCOCA", for the sake of brevity).

(2.) The applicants, claiming to be permanent residents of Ahmednagar district allege that they were arrested in C.R. No. 43 of 2014, which came to be registered with Shevgaon police station, on 15th February, 2014 for an offences punishable under sections 307, 395, 143, 147, 148, 149, 120-B, 323, 504, 506, 435 and 427 of the Indian Penal Code read with section 3(25) and 4(25) of the Arms Act. The applicants further claim that after their arrest in C.R. No. 43 of 2014, they have been released on regular bail by the Sessions Court at Ahmednagar.

(3.) It is the case of the applicants that subsequent to their release on bail, they came to know from reliable sources that the prosecution has decided to proceed against them under the provisions of MCOCA in C.R. No. 43 of 2014. It is further claimed by the applicants/accused that as the provisions of the said Act which are draconian in nature, the prosecution has sought to rearrest the applicants for the offence alleged to have been committed by them under the MCOCA.