SHERBAHADUR AKRAM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two criminal appeals have been preferred by the accused challenging the order of the Special Court constituted under the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as "the MCOC Act"). The order has been passed on an application filed by the accused for discharging them from MCOC Special Case No. 4 of 2004 arising out of Powai Police Station C.R. No. 77 of 2004. The appellants have prayed that the charges levelled against them under the MCOC Act should be dropped. Criminal Appeal No. 202 of 2006 has been filed by the accused Nos. 1, 2, 4, 6, 7, 8 and 11. Criminal Appeal No. 980 of 2006 has been filed by the accused No.1.

(2.) One Navinchandra Dube and Hausila Upadhyaya, claimed to be members of Vishwa Hindu Parishad. When they were proceeding home, they were allegedly killed by the accused. The complainant who was with them, lodged the F.I.R. and a crime was registered under the C.R.No. 77 of 2004 for offences punishable under Sections 143 to 149, 302 and 34 of the Indian Penal Code read with Sections 4 and 25 of the Arms Act. The accused were arrested on different dates and remanded to judicial custody which was extended from time to time. The provisions of the MCOC Act were applied and the accused were produced before the Special Court under the MCOC Act on 23.5.2005.

(3.) Some of the accused had filed a writ petition seeking to quash the charges levelled against them and the order sanctioning their prosecution under the MCOC Act. This writ petition was withdrawn by the accused with liberty to file an appropriate proceeding before the competent authority. Accordingly, a criminal application was moved before the Special Court seeking a discharge of the accused under the MCOC Act and a prayer to be tried under the general law i.e. the Indian Penal Code. By an order dated 4.9.2005, the Special Court rejected the application filed by the accused. Hence the present appeals.