Crl. A. No.358/2014

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 12^th March, 2015

%

Date of Decision: 16^th April, 2015

+ CRL. A. 358/2014

STATE

..... Appellant

Through:

Mr. Siddharth Luthra, Sr. Advocate

with Mr. Varun Goswami, APP & Mr.

Anindya Malhotra, Advocate.

versus

BRIJESH SINGH @ ARUN KUMAR & ANR.

..... Respondents

Through:

Mr. Dayan Krishnan, Sr. Advocate

with Mr. Sudeep Passbola & Mr.

Akhand Pratap Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE VED PRAKASH VAISH

JUDGMENT

1.

This is an appeal under Section 12 of The Maharashtra Control

of Organised Crime Act, 1999 (hereinafter referred to as MCOCA)

directed against the judgment and order dated 05.02.2014 passed by

the Court of learned ASJ-01 (Special Judge MCOCA), New Delhi

District, Patiala House Courts, New Delhi in SC No.139/13 pertaining

to FIR No.10/13 under Sections 3 and 4 of MCOCA registered at P.S.

Special Cell, New Delhi whereby the learned Special Judge discharged

the respondents/accused persons from the said charges.

2.

Succinctly stating the facts as emerged from the petition are that

in the year 2007 FIR No.69/2007 was registered against respondent

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No.1 and his associates at Police Station Special Cell, New Delhi under

Sections 384/387/419/420/467/468/471/474/174A/506/120B/34 of the

Indian Penal Code (hereinafter referred to as „IPC‟). In the said case,

the activities of respondent No.1 and his associates were observed and

analysed and it was revealed that the offences which were a subject

matter of FIR No.69/2007 were the outcome of organized crime

activities of respondent No.1 and his syndicates. It was further revealed

that while committing these offences, violence and intimidation were

extended in order to gain pecuniary benefits by the members of the

organized syndicate. It was further established that illegal acts were

done by the syndicate headed by respondent No.1 in pursuance of

continuous unlawful activities of the syndicate.

3.

Accordingly, a proposal was placed before the competent

authority for obtaining approval under Section 23 (1) (a) of MCOCA

for invoking the provisions of MCOCA against the activities of the

syndicate. The approval was granted by the competent authority, i.e.,

Special C.P. of the Special Cell vide order No.260/P.Sec/Spl.CP/

Spl.Cell on 22.02.2013. Upon such approval, FIR No. 10/13 was

registered against the respondents on 05.03.2013 under Sections 3 and

4 of MCOCA at P.S. Special Cell, New Delhi.

4.

During the ensuing investigation pertaining to FIR No.10/13

under Section 3 and 4 of MCOCA, it was revealed that the syndicate

was involved in commission of large number of crimes and offences in

an organized manner in large number of cases. These cases relate to

offences which are cognizable in nature punishable with imprisonment

of three years or more and the courts of competent jurisdiction have

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taken the cognizance in these cases in more than one charge-sheet in

the last preceding 10 years. The list of all such cases are as under: -

(i)

Crime

No.98/91

FIR

No.26/91

under

Section

147/148/149/302/307 IPC PS Bhawarkaul, Ghazipur.

(ii)

Crime No.120/95 under Section 3 of UP Gangster Act, PS

Chobeypur, Varanasi (UP).

(iii)Crime No.251/01 FIR No.113/2001 under Section

147/148/149/307/302 IPC and 7 Criminal Law Act PS

Mohammadabad, Distt. Gazipur (UP).

(iv)

Crime

No.09/04

FIR

No.08/04

under

Section

147/148/149/427/307 IPC and 2/3 UP Gangster Act PS Cantt.

Lucknow (UP).

(v)

Crime

No.81/09 FIR No.62/2009 under

Sections

147/148/149/307/120B IPC and 7 Criminal Law Act PS Lanka

Sadar Varanasi (UP).

(vi)

Crime No.232/90 under Sections 147/148/149/427/379

IPC PS Saidpur Gazipur (UP).

(vii)FIR No.69/07 under Sections 384/387/506/419/468/471/

474/174A/34 IPC dated 08.10.2007