AMOL VITTHAL VAHILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal under Section 12 of The Maharashtra Control of Organised Crimes Act, 1999 (hereinafter referred to as the 'MCOC Act') preferred by the Appellants who are the original accused nos.1 to 6 in MCOC Special Case No.5 of 2016 pending before the learned Special Judge (under the MCOC Act), Pune. Vide his order dated 16/03/2017 passed below Exh.16 in the said case, the learned Judge rejected the application preferred by the present Appellants under Section 227 of the Cr.P.C. for their discharge. The application for discharge was limited for their discharge from the offences punishable under Sections 3(1)(i), 3(2) and 3(4) of the MCOC Act. The said order is impugned before us in the present Appeal.

(2.) The relevant facts in brief are as follows :

(3.) On 29/01/2016, an order under Section 23(1)(a) was issued by the Additional Commissioner of Police, Pune City. Thereafter, the charge-sheet was filed on 01/03/2016. The investigatin papers show the antecedents of these Appellants. All these offences are registered at Pimpri Police Station. Against the Appellant No.1, there are 3 offences (i) C.R.No.241 of 2007, registered under Sections 452, 504, 506(2) and 427 read with 34 of the IPC and (ii) C.R.No.169 of 2011 registered under Sections 307, 353, 143, 147, 148 and 149 of the IPC and under Section 4(25) of the Indian Arms Act and under Section 37(1) read with 135 of the Bombay Police Act. The Appellant No.1 was acquitted from C.R.No. 241 of 2007.