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2005 Supreme(Bom) 1016

A.H.JOSHI
Amarsingh s/o. Kisansingh Thakur – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mrs. K. S. NIKHADE, Adv. for Appellants.
Mr. A. D. SONAK, Additional Public Prosecutor for Respondent-State.

JUDGMENT :- The appellants were tried by the Special Judge, Nagpur, constituted under M.C.O.C. Act, 1999, in Special Case No.2/2001 for offence punishable under section 3(1)(ii) as well as section 3(4) of M.C.O.C. Act, 1999.

2. The charge contained imputations namely that, the accused were during the period of 10 years preceding 25-6-2001, named as accused in various offences, each amongst those was punishable with sentence for a period more than 3 years. The charge-sheet narrates 17 cases against accused Nos. 1, 11 cases against Nos.2 and 12 cases against accused No.3. The charge-sheet also consists of 2 preventive measure cases under Section 110(e) & (g) of Cr.P.C. against all the 3 accused persons, initiated first by Sonegaon Police Station and another by Dhantoli Police Station under 2 different Istegasha, each relating to one of the chapter cases, and accused have been ordered to execute bond for maintaining peace and order. These two chapter cases are relied upon as additional circumstance.

3. It is seen from the record that the copies of charge-sheet and fact that competent Judicial Magistrate has taken cognizance of these offences and issued process, was brought on record.

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