Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Control of Organised Crimes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Control of Organised Crimes Act, 2000: s.24 – Purport of – The purport of s.24 is that information regarding commission of an offence of organized crime under the 2000 Act can be recorded by a police officer only upon obtaining prior approval of the police officer not below the rank of the Deputy Inspector General of Police – What is crucial in this provision is the factum of recording of offence of organized crime and not of recording of a crime against an offender as such – Thus, only after registration of FIR, investigation for the concerned offence would proceed in which the details about the specific role and the identity of the persons involved in such offence can be unravelled and referred to in the chargesheet to be filed before the competent Court. Karnataka Control of Organised Crimes Act, 2000: ss.3(1), 3(2), 3(3), 3(4) – For offence under ss.3(2), 3(3), 3(4), it is not essential that more than two chargesheets are filed against the person so named, before a competent court within the preceding period of ten years and that court has taken cognizance of such offence – That requirement applies essentially to an offence punishable only under s.3(1) of the 2000 Act – As regards offences punishable under ss.3(2), 3(3), 3(4) or 3(5), it can proceed against any person sans such previous offence registered against him, if there is material to indicate that he happens to be a member of the organized crime syndicate who had committed the offences in question and it can be established that there is material about his nexus with the accused who is a member of the organized crime syndicate. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2021 INSC 654 |
Petitioner | Kavitha Lankesh |
Respondent | State Of Karnataka & Ors. |
SCR | [2021] 10 S.C.R. 309 |
Judgement Date | 2021-10-21 |
Case Number | 1236 |
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