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DELHI HIGH COURT
SURESH KUMAR KAIT
State Govt of NCT of Delhi – Appellant
Versus
Khalil Ahmed – Respondent
JUDGMENT
Suresh Kait, J.
1. Vide instant petition, the State - petitioner has sought to quash the impugned order dated 16.11.2011 passed by learned Additional Sessions Judge-01, (Central) Delhi whereby learned Trial Judge found no sufficient evidence to make out prima facie case against respondent Khalil Ahmed for the offence punishable under Section 3(2), 3(4) and Section 4 of the Maharashtra Control of Organised Crime Act (hereinafter referred to as the MCOCA). Thus, learned Trial Judge discharged the respondent for the offences alleged therein.
2. It is pertinent to mention here that the charge-sheet was filed against the petitioner for the offences punishable under Sections 384/387/506/467/ 468/471 Indian Penal Code, 1860 and Section 3(2), 3(4) and Section 4 of MCOCA. However, finding prima facie offences punishable under Section 386/387/506-II and Section 467/468/471 Indian Penal Code, 1860, which are triable by the Court of learned Magistrate, the matter has been sent back, accordingly.
3. The facts in brief of the case are that complainant namely Sh.Qmar Ahmad has been running a trading company in the name of M/s A.S. Traders at Khari Baoli, Delhi. On 16.02.2009, wh
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