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2014 Supreme(Del) 2951

S.P.GARG
State – Appellant
Versus
Vipin sharma – Respondent


For the Appellant : Mr. M.N. Dudeja, APP.
For the Respondents Nos. R-1 to R-4:Mr. Majid Memon, with Mr. S. Fernandes, Mr. Deepak Pathak and Mr. Rajnish Chuni, Advocates.
For the Respondents No. 5:Mr. Ajay Verma with Mr. Gaurav Bhattacharya, Advocates.
For the Respondents No. 6:Mr. Charanjeet Singh, Advocate.

JUDGMENT :

S.P. Garg, J.:--

1. Challenge in this appeal is to an order dated 31.03.2012 of learned Additional Sessions Judge in case FIR No. 71/2009 registered at Police Station Special Cell by which the respondents were discharged of offence under Section 3 of the Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as ‘MCOCA’).

2. Briefly stated, the prosecution case as reflected in the chargesheet was that Vipin Sharma (R-1) arrested in Case FIR No. 263/08 under Sections 420/406/506/467/471/120-B IPC read with Section 12 Passports Act Police Station Lajpat Nagar was known for his notorious criminal activities and was involved in 22 criminal cases of cheating, forgery, criminal breach of trust, attempt to culpable homicide not amounting to murder, wrongful confinement and criminal intimidation etc. registered at various Police Stations in Delhi, Haryana and Punjab. It was further alleged that he and his associates (R-2 to R-6) collectively ran an ‘organized crime syndicate’ at D-111, Defence Colony, New Delhi and in furtherance of their activities, cheated various persons in different States to gain pecuniary benefits. By their illegal activities, they earned hu


































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