STATE OF MAHARASHTRA Vs. FIROZ

JUDGEMENT

(1.) This appeal filed under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (for short hereinafter referred to as M.C.O.C. Act), challenges the correctness of the decision of the Special Judge, M.C.O.C. Act, Pune in M.C.O.C. Special Case No. 7 of 2013, being an order below Exhibit 63, dated 2nd August, 2014. By virtue of the order impugned in the present appeal, the Special Judge allowed the application at Exhibit 63 and thereby discharged the applicant therein/Original Accused No.3, along with the other accused, from the provisions of Section 3(1)(ii), 3(2), 3(4) of the M.C.O.C. Act and requested the Principal District Judge, Pune to assign the trial to a competent court.

(2.) The present impugned order is a sequel to an earlier order which was passed by the Special Judge, M.C.O.C. Act, dated 11/2/2014. The State Government had challenged the aforesaid order before the Division Bench of this court and during hearing, the learned counsel representing the respondent, urged that there were certain other aspects which had not been urged before the trial court. The Division Bench also upon perusal of the order impugned therein i.e. in Criminal Appeal No. 166 of 2014, noticed that certain factual aspects of the case had not been considered and no finding had been recorded with regard to those facts. The Division Bench, therefore, by its order dated 26/6/2014 allowed the appeal and quashed and set aside the impugned order and remitted the matter back to the Special Judge for a decision afresh in accordance with law. Pursuant thereto, the present impugned order has been passed, against which the present appeal has been filed.

(3.) It appears that the respondent herein had filed an application at Exhibit 63 in essence praying that he may be discharged from the provisions of the M.C.O.C. Act. The trial court accepted the submissions of the accused and accordingly discharged him. We may briefly advert to the findings which have been recorded by the trial court.