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2003 Supreme(Bom) 1409

B.H.MARLAPALLE
Dayanand B. Nayak – Appellant
Versus
Ketan K. Tirodkar & another – Respondent


JUDGMENT - MARLAPALLE B.H., J.:---This petition filed under Article 226 of the Constitution prays for an appropriate writ, order or direction in the nature of a writ for quashing and setting aside the proceedings initiated by the first respondent and registered as Misc. Application No. 255 of 2003 before the Designated Court at Mumbai under the Maharashtra Control of Organised Crimes Act, 1999 (for short MCOCA). The petitioner is presently working as Police Sub-Inspector attached to the Crime Investigation Unit of crime branch, Andheri of Mumbai Police. Whereas the first respondent claims to be a journalist and associated with the petitioner in the alleged organised crime under MCOCA as has been set out in the complaint dated 6th October, 2003 addressed to Shri Shankar Kamble, Assistant Commissioner of Police, Crime Branch, Mumbai with copies to different authorities, overseas as well as within the country.

2.On submission of the said complaint dated 6th October, 2003, the first respondent (hereinafter referred to as "the complainant") approached this Court on or about 16th October, 2003 by moving Criminal Writ Petition No. 1573 of 2003 and prayed (a) to direct the Additional Commis







































































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