S.C. Dharmadhikari, J.

1. This appeal was listed on prior occasions. On account of earlier orders, we proceed to admit it.

2. This is an appeal by the State. All the accused are before the Court and equally the original complainant and having heard them finally, we dispose of this appeal by this judgment and order.

3. The appeal is directed against an order passed by the learned Judge presiding over a Court under The Maharashtra Control of Organised Crime Act, 1999 (for short “MCOCA”). That order is passed in MCOCA Special Case No. 19 of 2012. By the impugned order dated 8th August, 2014, copy of which is at Annexure H, the application preferred by the accused has been allowed and they have been discharged from the special case.

4. The prosecution case, briefly stated, is as under.

5. The informant Kishorbhai Ratilal Dhakan, resident of Borivali, Mumbai, had gone out of Mumbai to Delhi on 25th April, 2012, for some work. He had a talk with his younger brother Nitin Dhakan on his mobile in the morning on 26th April, 2012. He informed Nitin that the said Nitin must go to the office and thereafter visit the house of a deceased relative at Borivali West for offering condolences. On the same day, at about 15:30 Hrs in the afternoon, he tried to contact Nitin on his mobile phone for some other work, but the contact could not be established. Thereafter, an SMS was forwarded requesting Nitin to contact him, but there was no reply. Nitin's brother-in-law Dr. J.P. Soni contacted the informant Kishorbhai on his mobile at 18:00 Hrs in the evening and informed him that Nitin's friend Bipin informed the sister-in-law of Nitin, Bharti Yogesh Rambhia that Nitin was involved in a car accident at Mahalaxmi, Mumbai. This call came from Nitin's mobile No.9820666555. The informant, on obtaining this information, told Dr. J.P. Soni that he is rushing to Mumbai and that he would be returning on 26th/27th April, 2012. The informant started preparations for returning to Mumbai. At that time, he received another call on his mobile from Dr. Soni that his wife Nita Sona had called on Nitin's mobile and at that time Nitin's friend Bipin informed that he is alright, but there is damage to the car and that he is in a meeting. The informant states that he repeatedly called on Nitin's mobile, but failed to establish any contact. Both the mobile phones were switched off. That is how he returned from Delhi to Mumbai by the first flight and after holding some discussions with his family members, he came to know that his office boy Ashish Suresh Dahake informed that he had seen Nitin going out of the office alone in a silver colour Innova car No. MH-02-BT-0214 belonging to their cousin Chandrakant Govindlal Dhakan. He was also informed that Nitin's sister-in-law Bharti Yogesh Rambhia recorded a missing complaint on 27th April, 2012, following which the police published a wireless message. Thus, all relatives were trying to establish contact on Nitin's mobile, but there was no response. The call data records (CDRs) of the mobile was obtained by the police machinery. There were two mobiles. There were some phone calls on the same and the police tried to obtain information in relation to these calls, but they did not receive any concrete response.

6. The Borivali Police Station then made inquiries with the Tardeo and Agripada Police Stations to ascertain whether Nitin had met with an accident. They also visited Nair Hospital and other places for inquiry. They also inquired with the lodges at Dahisar and Mira Road. They obtained the call details of Nitin's mobile again, but Nitin was not found. During the investigations, the police was informed that on 26th April, 2012, two unknown persons had come to the flat of Nitin at 9:30 in the night and opened it. When the watchman of the building inquired with them, they told him that they were workers of an Architect and have come for inspecting the plaster of paris work. After stating that, they immediately closed the f