FARMAN IMRAN SHAH @ KARU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been preferred by the Appellant under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 ('MCOC Act' for brevity) thereby challenging the order passed by the Learned Special Judge, Pune under the MCOC Act, below Exhibit 4 in MCOCA Special Case No.7 of 2012, thereby rejecting his application preferred under Section 227 of the Code of Criminal Procedure for discharge. The Appellant questions the correctness of the said order dated 4 March 2013 passed below Exhibit 4 in Special case No.7 of 2012. The Appellant has challenged the said order mainly on two grounds i.e. (i) that there is no material at all on record for framing a charge against him and (ii) there is a total non application of mind of the competent authorities while granting prior approval as contemplated under Section 23(1)(a) and sanction as contemplated under Section 23(2) of the MCOC Act.

(2.) It appears from the record that the complainant Smt. Parvin Anwar Shaikh has lodged a First Information Report at Kondhwa Police Station on 14 March 2012 stating that on 13 March 2012 at about 10.30 p.m. when she was proceeding with her husband in a Santro car, accused Matin Rafique Shaikh and Nadir Munir Sayyed obstructed their way on a motorcycle on which the said accused persons were riding and at that time other accused persons immediately came thereon and encircled their car. One of the accused persons hurled a stone on the glass at the driver's side, the other persons also damaged the car and the accused persons opened the door of the car, pulled out her husband and severely assaulted him. The complainant has further stated that because of the said incident, she was frightened and started screaming. That when she was shouting for the help, some of her relatives and her son came there and they took the husband of the complainant i.e. Anwar Shaikh to Hospital wherein the said Anwar Shaikh succumbed to the injuries while undergoing medical treatment. It further appears from the record that initially an offence under Sections 143, 147, 148, 149, 302, 341 and 427 of the Indian Penal Code read with Sections 3(25) of the Indian Arms Act was registered bearing CR. No.40 of 2012 dated 14 February 2012. It also appears from the record that during the course of investigation it was revealed that the said crime was committed by the Organized Crime Syndicate of Mohasin @ Guddu Anwar Shaikh and his associates. It further appears from the record that on 22 May 2012 Deputy Inspector General of Police and Additional Commissioner of Police, Southern region, Pune city granted prior approval on the basis of the report submitted by the Senior Police Inspector, Kondhwa Police Station for invoking the provisions of the MCOC Act to be applied to CR No.40 of 2012 originally registered at Kondhwa Police Station and the investigation of the said crime after invoking the provisions of the MCOC Act, was handed over to Mr.V.T. Pawar, Assistant Police Commissioner, Wanvadi Division. That after completion of the investigation, the competent authority. i.e. the Additional Director General of Police and the Commissioner of Police, Pune city accorded sanction as contemplated under Section 23(2) of the MCOC Act by his order dated 27 August 2012. That the Appellant is arraigned as an accused No.12 in the said sanction order dated 27 August 2012 and Mohasin @ Guddu Anwar Shaikh has been named as the head of the crime syndicate as accused No.1. The said sanction has been accorded against 13 persons and two absconding accused persons. It further appears from the documents annexed to the present Appeal that a chargesheet has been filed on 3 September 2012 before the Special Court under the MCOC Act under Sections 302, 341, 427, 120(b), 143, 147, 148, 149 of the Indian Penal Code and under Sections 3, 4(25) of the Indian Arms Act and under Section 3(1)(i), 3(1)(ii), 3(2), 3(4) of the MCOC Act.

(3.) The present Appellant who has been arraigned as accused No.12 as per the sanction order, had filed the application under Section 227 of the Code of Criminal Procedure for his discharge from the present case, below Exhibit 4 in MCOCA Special Case No.7 of 2012 on the grounds as stated herein above i.e. that there was no material at all for framing the charge against him and that the competent authorities as contemplated under Section 23 of the MCOC Act failed to apply their mind while initially granting prior approval and subsequently according sanction in the present case.