Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
URMILA JOSHI-PHALKE
State of Maharashtra – Appellant
Versus
Lalu @ Lalla s/o Jagdamba Prasad Yadav – Respondent
| Table of Content |
|---|
| 1. the factual basis of the criminal charges. (Para 3 , 4) |
| 2. arguments regarding the necessity of police custody remand. (Para 5 , 6) |
| 3. overview of the mcoc act and organized crime definitions. (Para 7 , 8 , 9) |
| 4. application of mcoc act based on established legal precedents. (Para 10 , 11) |
| 5. decision to allow remand into police custody. (Para 12 , 13) |
JUDGMENT :
URMILA JOSHI-PHALKE, J.
Heard.
2. Admit.
3. By this revision, the State is challenging the order of the Special Judge (MCOC Act) and District Judge, Nagpur-1 rejecting the application of the prosecution for seeking Police Custody Remand (“PCR”) of the respondent by granting ten days PCR of the respondent for the investigation purpose.
4. Complainant Pramod Morbaji Game on 14.03.2025, lodged the report alleging that on 14.03.2025 along with Rajkumar Game coming from Asti (Khurd) to Yerala at about about 06.30 p.m. on his motorcycle, at that time, the respondent Lalu Yadav and co-accused Ganesh Mondhe assaulted complainant with deadly weapon. Co- accused Ganesh caught hold complainant Pramod Game and the respondent inflicted the blow of sickle on Pramod Game due to this, he sustained grievous injury to his right fin
The court ruled that the Special Court erred in denying Police Custody based on insufficient grounds, highlighting the necessity to investigate the respondent's continuous involvement in organized cr....
Unlawful activity - If a person may or may not have any direct role to play as regards commission of an organized crime, if a nexus either with an accused who is a member of an “organized crime syndi....
The prosecution under the M.C.O.C. Act requires that the necessary ingredients, including prior cognizance in multiple cases, must be satisfied at the time of the commission of the offence.
The court ruled that the applicant's involvement in organized crime and conspiracy to commit murder, supported by substantial evidence, justified the rejection of bail under the MCOC Act.
(1) Offence under MCOCA must comprise continuing unlawful activity relating to organized crime undertaken by an individual singly or jointly, either as a member of organized crime syndicate or on beh....
The main legal point established in the judgment is the requirement of prior approval for invocation of provisions under the MCOC act, the specific role of the offender, and the nexus with the crime ....
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
