LATA RATAN ROKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India read with Sec. 482 of Criminal Procedure Code (for short, "Cr.P.C."), challenging the 'Prior Approval' dtd. 5/7/2023, issued by Respondent No.2, under Sec. 23(1)(a) of the Maharashtra Control of Organised Crime Act, 1999 (for short, "M.C.O.C. Act") and for anticipatory bail under Sec. 438 of Cr.P.C., in C.R. No.346 of 2023, dtd. 22/5/2023, registered with Chikhali Police Station, Pimpri-Chinchwad Police Commissionerate, District Pune, under Ss. 302, 120-B, 34 of the Indian Penal Code and under Sec. 3, 25, and 27, of the Arms Act, 1959 and under Sec. 37(1), (3) read with 135 of the Maharashtra Police Act and under Ss. 3(1) (ii), 3(4) of the M.C.O.C. Act.

(2.) Heard Mr. Joshi, learned counsel for the Petitioner, Mr. Bhise, learned counsel for the Intervenor, Mr. Raja Thakare, learned senior counsel, amicus curiae, and Mr. Patil, learned A.P.P. for the Respondents. Perused entire record produced before us and the Written Submissions on behalf of the Petitioner, dtd. 25/10/2023.

(3.) The First Information Report is lodged by Mr. Rajendra K. Karle on 22/5/2023. The informant is the maternal uncle of Krushna @ Sonya H. Tapkir (deceased). The prosecution case in brief is that, during the Navratri Festival arranged at Patil Nagar, Chikhali in the preceding year, a tussle took place between Karan Rokade (A.No.1) and his friends on one side and Krushna @ Sonya and his friends on the other side. In the said tussle altercations took place. At that time, Karan Rokade had threatened Krushna @ Sonya of dire consequences. Karan Rokade was also having grudge against Krushna @ Sonya, as the popularity of Krushna @ Sonya was on rise in the vicinity of Chikhali. That, on 22/5/2023 at about 2.19 p.m. the informant received a call from his sister Smt. Jayashree H. Tapkir, who informed him that Krushna @ Sonya has been assaulted by somebody and admitted in hospital. The informant's nephew namely Milind told him that, on 21/5/2023 one Mr. Saurabh @ Sonya Pansare had come to meet Krushna @ Sonya and apologized for whatever happened during the Navratri Festival and to forget about the past. That, a friend of the informant told him that, at about 1.40 " " 1.45 p.m. on the same day Saurabh Pansare and Siddharth Kamble had came on a bike at the place of offence, where Krushna @ Sonya and his friend were standing and thereafter Saurabh Pansare fired bullets on the chest, neck and other parts of body of Krushna @ Sonya and fled away on their KTM motorcycle. Krushna @ Sonya passed away on 22/5/2023, while undergoing medical treatment. In this brief premise, present crime is registered.