In a criminal writ petition challenging MCOCA proceedings and a rejected discharge application, the Bombay High Court held that the petition was not maintainable as the petitioner had an alternative statutory remedy of appeal under Section 12 of the Act, rendering the writ unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
srk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Writ Petition No.639 of 2009
Amit Dinesh Jha Petitioner
Vs.
The Commissioner of Police & ors.
Respondents
Mr.Subhash Jha i/b. M/s.Law Global for petitioner. Mrs.M.M.Deshmukh, APP for State.
CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ.
November 11, 2009.
P.C.
(a) that this Hon’ble Court may be pleased to call for the record and proceedings concerning C.R. No. 3099/2006 of Chatushringi Police Station, Pune and /
2
or after examining the legality, validity and / or propriety of the Respondents to prosecute the Petitioner under the provisions of the MCOCA may be pleased to quash and set aside the same;
(b) in the alternative but without prejudice to prayer clause (a) above, this Hon’ble Court may be pleased to hold and declare that in the facts and circumstances of the case, provisions of MCOCA cannot be pressed into service against the petitioner;
(c) that this Hon’ble Court may be pleased to call for the records and proceedings concerning order dated 7.4.2007, being Exhibit-`I’ annexed herewith from the Respondent No.2 herein and after examining the legality, validity and / or propriety of according permission to press into service provisions of MCOCA be quashed and set aside.”
3
progress, an application came to be filed by the learned Additional Public Prosecutor for stay to the proceedings on the ground that the present petitioner is one of the accused in Special Case No.3 of 2007 filed under the MCOC Act and the trial has been stayed as per the order dated 5/8/2009.
4
of the MCOC Act passed on 7/4/2007 is under challenge, the net effect of the prayers made in this petition is to quash the MCOC proceedings. The petitioner’s application for discharge has been rejected on 5/1/2008 and, therefore, the only remedy for the very same reliefs prayed in this petition would be to file an appeal under Section 12 of the MCOC Act against the said order refusing to discharge.
(R.Y.GANOO,J.)
2 issues framed by the court
Whether this writ petition is maintainable when a statutory remedy of appeal under Section 12 of the MCOC Act is available against the rejected discharge application.
Whether provisions of MCOCA can be pressed into service against the petitioner excluding the availability of a statutory appeal route.
3 provisions across 2 enactments
Amit Dinesh Jha
The Commissioner of Police
B.H.MARLAPALLE
R.Y. GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
