NILESH ANAND PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants, Original accused Nos.2 and 4 respectively, have filed present Appeal under Sec. 12 of The Maharashtra Control of Organised Crime Act, 1999 (for short, 'M.C.O.C. Act'), impugning the Order dtd. 29/12/2022 passed below Exh.6 in Special Case No. 431 of 2021 by the learned Special Judge, City Civil and Sessions Court, Greater Bombay, rejecting the said application for dropping the charges under M.C.O.C. Act and for transferring the said case to the Court of Additional Sessions Judge, as contemplated under Sec. 11 of the M.C.O.C. Act.

(2.) Heard Mr. Sejpal, learned Advocate for Appellants and Ms. Takalkar, learned A.PP for Respondent-State. Perused entire record and the Affidavit dtd. 12/4/2023 filed by Mr. Nitin K. Jadhav, Assistant Commissioner of Police, Deonar Division, Mumbai.

(3.) At the outset, it is to be noted here that, Mr. Sejpal, learned Advocate for the Appellants submitted that, he is challenging the application of provisions of M.C.O.C. Act to the present crime and not the provisions of other Acts applied to it. He submitted that, after dropping of the provisions of the M.C.O.C. Act from the present crime, the case of the Appellants will have to be transferred to a Court having jurisdiction under the Cr.PC. as per Sec. 11 of M.C.O.C. Act.