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2004 Supreme(Bom) 1590

A.S.OKA, RANJANA DESAI
State of Maharashtra – Appellant
Versus
Nitendrasingh @ Nitin Kumarsingh Patil – Respondent


JUDGMENT - DESAI RANJANA (Smt.), J.: - This petition is filed by the State of Maharashtra through Smt. Meera Borvankar, the Joint Commissioner of Police (Crime), Mumbai, under Articles 226 and 227 of the Constitution of India and under section 482 of the Criminal Procedure Code, 1973 (for short, "the Code") challenging the orders dated 24-8-2004, 26-8-2004 and 30-8-2004 passed by the Special Judge under the Maharashtra Control of Organised Crimes Act, 1999 (for short, "the M.C.O.C.A") on Misc. Application No. 243 of 2004 filed by the respondent (for convenience, "the complainant"). The complainant is the Assistant Police Inspector, Thane Rural. The petitioner is seeking a direction for quashing the impugned orders.

2. Since this petition arises out of the private complaint filed by the complainant, the gist of the allegations contained therein will have to be shortly stated. The complainant filed the said private complaint in the M.C.O.C.A. Court at Bombay under sections 3(2), 3(3), 3(4), 3(5), 4 and 24 of the M.C.O.C.A. and under sections 120-B, 143, 147, 149, 166, 182, 191, 192, 193, 195, 196, 218, 323, read with section 34 of the Indian Penal Code (for short, "the I.P.C.") again















































































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