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HC upholds MCOCA invoked against alleged gangster

The Bombay High Court has upheld an order of a special court invoking provisions of Maharashtra Control of Organised Crime Act (MCOCA) in a case of an alleged gangster who was arrested in Pune on charges of murder.

The accused, Farman Imran Shah alias Karu, filed an appeal challenging the order of March 4 last year passed by a Pune court invoking the provisions of MCOCA in the case.

Farman had challenged the order on the ground that there was no material to frame charges against him.

He also pleaded that there was total non-application of mind on the part of competent authorities while granting prior approval as contemplated under section 23(1)(a) and sanction as contemplated under section 23(2) of MCOCA.

“After scrutinising the entire material made available to us in the appeal, we are of a firm opinion that the impugned order passed by the special judge, Pune, under MCOCA does not suffer from any legal infirmity. Hence, no interference is called for with the same. The appeal, being without any merit, is dismissed,” said a bench headed by Justice P V Hardas on March 25.

The complainant, Parvin Anwar Shaikh, told police she was travelling with her husband in her Santro car on March 13, 2012, when accused Matin Rafique Shaikh and Nadir Munir Sayyed on a motorcycle obstructed their way and pulled her husband out and assaulted him.

Parvin further told police that her husband died in hospital due to injuries received in the assault.

During the course of investigation, it was revealed that the crime was committed by the organised crime syndicate of Mohasin alias Guddu Anwar Shaikh and his accomplices. Guddu Shaikh and 12 others, including the petitioner Farman Shah, were booked under MCOCA for the crime.

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