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2006 Supreme(Del) 2234

MANMOHAN SARIN, MANJU GOEL
JAG MOHAN ALIAS MOHAR SINGH – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared:
D.C.MATHUR, Mukta Gupta, Narender Kumar, S.K.Jha, S.K.SINGH, SACHINA AGARAWAL


MANJU GOEL, J.

( 1 ) THESE are three writ petitions challenging FIR No. 521/05 dated 13. 9. 2005 P. S. Connaught Place, New Delhi. The first writ petition, W. P. (Crl.) No. 45/06, is filed by Jag Mohan @ Mohar Singh seeking a writ of habeas corpus challenging his detention under Maharashtra Control of Organized Crime Act, 1999 (`mcoca' for short) as extended to Delhi on several grounds. The other writ petitions seek writ of certiorari for quashing the proceedings initiated against them under mcoca and for quashing the order dated 6. 12. 2005, issuing NBWs against the petitioners and order dated 24. 12. 2005 initiating proceedings under section 82 cr. P. C. passed by the learned Special Judge, MCOCA, New Delhi.

( 2 ) DURING the pendency of the petitions, charge-sheet has been presented against jag Mohan @ Mohar Singh as well as his four brothers. At the end of the charge-sheet, however, it is contended that the investigation against Jag Mohan @ Mohar singh and his crime syndicate would continue and a charge-sheet would be filed under section 173 Cr. P. C. at the end of the investigation.

( 3 ) THE writ of habeas corpus and the two writ petitions filed by the four brothers of Jag






































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