C.V. Bhadang, J.

1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the parties.

2. This appeal is filed by the original accused Narendra Singh @ Dallu Sardar challenging the order dated 10.1.2014 passed by the learned Special Court in Special Criminal Case No.5/2013. By the impugned order, the learned Special Judge has dismissed the application Exh.28 filed by the appellant/accused for discharge from the offence u/s 3 of the Maharashtra Control of Organised Crime Act, 1999 (‘MCOC Act’ for short).

3. The facts necessary for the disposal of the appeal may be stated thus:

That, now deceased Suraj Yadav was a property dealer at Nagpur and had established a name in the business. According to the prosecution, the appellant is also dealing in property business and is running a Organised Crime Syndicate within the meaning of the act, along with his associates. The appellant was not happy with the influence of the deceased in the business and wanted to establish a supremacy over the deceased. This is said to be the motive behind the incident which occurred on 18.11.2012.

4. According to the complainant Rajesh Yadav, who is the brother of