PRADIP MADGAONKAR @ BANDYA MAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and learned Public Prosecutor for the State.

(2.) These four writ petitions can be disposed of by a common order as more or less the petitioners have assailed their prosecution under the Maharashtra Control of Organised Crime Act 1999 (for short MCOC Act of 1999) by seeking quashing of the FIR and the grant of approval under Section 23 (1)(a) and sanction under Section 23(2) of the MCOC Act primarily on the ground that no case has been made out against them relating to their complicity in the organised crime alleged to have been committed by the organised crime syndicate known as Chhota Rajan Gang headed by Rajan Sadashiv Nikalje @ Chhota Rajan @ Nana @ Sheth.

(3.) The petitioner Pradip Madgaonkar @ Bandya Mama (in Writ Petition No. 988 of 2006) is wanted in two cases i.e. (1) registered wide crime No. 150 of 2005 for having committed offences under section 3 (1)(ii), 3(2), 3(4), and 3(5) of MCOC Act, 1999 and 384, 385, 386, 387, 504, 506(ii) read with 120(B) of IPC and section 3 read with 25 and 35 of Arms Act, 1959 which was initially registered as crime No. 207 of 2005 by Tilak Nagar Police Station on the basis of the complaint lodged on 10/12/2005 by a builder who deals in real estate in Tilak Nagar area, Chembur, Mumbai. It is the case of the prosecution that the organised crime syndicate led by Chhota Rajan are indulging in extortion of large sums of money from the developers who undertake the redevelopment work of old buildings in Tilak Nagar, Naidu Colony Ghatkopar and other areas of Mumbai by giving them threats of murders and that they would kill the complainant and his family members if their demands are not met and pursuant to which they extorted a sum of Rs. 10 lacs from the said complainant and continued to threaten the complainant and others in order to extort money and have also taken over the construction activities in the area by floating companies like M/s. Khusi Developers Pvt. Ltd., Suraj Infotech Exports Pvt. Ltd., M/s. Khusi Entertainments Services, M/s. Khushi Enterprises and M/s. Sooja Equipments and in so far as the petitioner is concerned, he is associated with continuing unlawful activities on behalf of the above organised crime syndicate right from extortion of money, contract killing and grabbing of business activities in favour of companies and firms floated by the organised crime syndicate and for channelising the funds into the accounts ostensibly meant to benefit the members of organised crime syndicate and family members of Chhota Rajan.