Crl. A. No.358/2014

Page 1 of 25

* 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 re