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DELHI HIGH COURT
PRATHIBA M.SINGH
Vijay Mann @ Kapil – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. quashing of sanction for prosecution under mcoca. (Para 1 , 2) |
| 2. arguments on inadequacy of evidence for prosecution. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. respondent's reliance on co-accused and systemic crime syndicate. (Para 9 , 10 , 11 , 12) |
| 4. legal issues and decisions relevant for mcoca. (Para 18 , 19 , 20) |
| 5. legal interpretation of organized crime requirements. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. evidence supporting organized crime syndicate involvement. (Para 29 , 30 , 31 , 32 , 33) |
| 7. conclusion on the validity of sanction under mcoca. (Para 34) |
JUDGMENT
Prathiba M. Singh, J. This judgment has been pronounced through video conferencing.
2. The present petition filed under Section 482 of the Code of Criminal Procedure (CrPC) seeks quashing of the sanction given for prosecution of the Petitioner, under The Maharashtra Control of Organized Crime Act, 1999 (hereinafter, "Act"), as also proceedings in furtherance to the said sanction.
Submissions of the Petitioner
3. The case of the Petitioner is that an FIR was lodged against the Petitioner, bearing FIR No.252/2018, on 25th May 2018, under Sections 3 and 4 of the Act. Mr. Akhand Pratap Singh, ld. Counsel f
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