Back
VINAY JOSHI, VALMIKI S. A. MENEZES
Mahesh Kariman Tirki – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VINAY JOSHI, J.
1. Heard.
2. Common judgment and order of conviction dated 07.03.2017 in Sessions Case Nos. 13/2014 and 130/2015 under the provisions of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as ‘the UAPA’ for short) and Section 120-B of the Indian Penal Code (hereinafter referred to as ‘the IPC’ for short) led convicted accused to challenge the judgment and order by filing two separate appeals.
3. On 22.08.2013, Crime No. 3017/2013 was initially registered with the Police Station Aheri, District Gadchiroli against the appellant Mahesh Tirki (accused No. 1), Pandu Narote (accused No. 2) and Hem Mishra (accused No. 3). During the course of investigation, the role of Prashant Sanglikar (accused No. 4), Vijay Tirki (accused No. 5) and G.N. Saibaba (accused No. 6) was revealed. On completion of investigation, charge-sheet came to be filed and numbered as Sessions Case No. 13/2014. It was followed by filing of supplementary charge-sheet on 31.10.2015 numbered as Sessions Case No. 130/2015.
4. After ensuring compliance in terms of Section 208 of
Absence of sanction can be raised and agitated at very inception but invalidity or illegality of sanction is to be raised during trial.
A valid sanction under Section 45(1) of the UA(P) Act, 1967, is essential for a court to take cognizance of offenses under Part-III, and failure to obtain such sanction renders the proceedings invali....
Point of law : sanction under the UA(P)A granted after six months from the date of receipt of recommendation of the authority is not a valid sanction.
The timing for raising issues regarding absence or vitiation of sanction is crucial, and a mere error, omission, or irregularity in sanction is not fatal unless it results in the failure of justice o....
The judgment establishes the principle that bail may be rejected if there are reasonable grounds for believing that the accusations made are prima facie true, especially in cases involving serious of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
