KISHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the order on Exh. 26 in Special Case No. 5/2018 of learned Special Judge appointed under the provisions of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'the Act' for short). The said application was filed by the present appellant for discharge in respect of the offences punishable under sections 3 (1)(ii), 3(2) and 3(4) of the Act. The application is rejected by the learned Special Judge. Both the sides are heard.

(2.) The submissions made and the record show that in C.R. No. 132/2017 registered in Rahata Police Station, District Ahmednagar, chargesheet is filed against the present petitioner and other three accused for offences punishable under sections 397, 392, 34 etc. of Indian Penal Code, section 3 r/w. 25 and section 4 r/w. 25 of the Arms Act and the aforesaid sections of the Act.

(3.) This Court has carefully gone through the material collected in this crime and the material shows that in the incident dated 18.11.2017 first the present appellant and his associate entered the hotel of the first informant and they gave threat and asked to give the food parcel when they had no intention to pay the charges. Dipak Pokale, the gang leader was in the company of the present appellant and he said that he would not allow the first informant to do the business of hoteling if his demands were not met with. Then the other two accused entered the hotel and they started assaulting the first informant. Pokale then took out the pistol and fired at kitchen. Present appellant showed the knife to the first informant and gave threats. They prevented the first informant from contacting the police by using phone. Then cash amount of Rs.3,000.00 was taken away forcibly by Akshai Dhabhade, associate of the present appellant and they together left the hotel by giving the threat. Some customers were there as it was 11.00 a.m. and they ran out due to atmosphere of fear created by the present appellant and his associates.