NDLI: Abhishek Vs. State of Maharashtra & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	384 Penal Code 397 and 504 364A 1860 – ss. 363 387 386
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 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – ss. 363, 364A, 384, 386, 387, 397 and 504 – Sanction order – Challenge to – FIR was registered against the appellant for offences u/s 363, 364A, 384, 386, 387, 397 and 504 IPC – The appellant having remained out of reach, a proclamation was issued u/s 82 of the CrPC r/w. s.20(3) of MCOCA, declaring him as an ‘absconder’ – ADGP and Commissioner of Police after examining the proposal of Assistant Commissioner of Police for according sanction in terms of s.23(2) of MCOCA, granted the sanction for prosecution of appellant under IPC, Arms Act and MCOCA due to the previous involvement of the appellant in other criminal cases – After the sanction, police filed the chargesheet against the accused persons including appellant – Appellant approached the High Court challenging the sanctioning order – The High Court examined the contents of sanction order and, after finding no legal flaw or shortcoming therein, proceeded to dismiss the writ petition – High Court rejected the contention raised by the appellant that the sanctioning authority did not apply its mind – On appeal, held: The suggestions on behalf of the appellant to limit the activity only to the use of violence is obviously incorrect when it omits to mention the wide-ranging activities contemplated by clause (e) of s.2(1) of MCOCA, i.e., threat or violence or intimidation or coercion or other unlawful means – Actual use of violence is not always a sine qua non for an activity falling within the mischief of organised crime – The second part of the requirement of the nature of activity, i.e., pecuniary benefit, has also not been projected correctly on behalf of the appellant – The requirement of law is not limited to pecuniary benefits but it could also be of ‘gaining undue economic or other advantage – Sanctioning Authority, was conscious of the requirement of law and indeed examined the matter only with reference to such requirement and issued the sanction order in question only after arriving at the requisite satisfaction – Challenge to the judgment as passed by the High Court, and to the sanctioning order, required to be rejected when the appellant had been declared absconder. Maharashtra Control of Organised Crime Act, 1999 – ss. 2(1)(d), 2(1)(e), 3(1)(ii), 3(2), 3(4) & 23(2) – Object of – This enactment is for making special provisions for dealing with the menace of organised crime causing serious threat to the society – No doubt, the enactment makes stringent provisions with several extraordinary measures but, the peculiar nature of the mischief sought to be tackled, i.e., of organised crime, has obviously led to such extraordinary measures, particularly when the existing legal framework was found to be rather inadequate to control the menace.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2022 INSC 618
Petitioner	Abhishek
Respondent	State Of Maharashtra & Ors
SCR	[2022] 4 S.C.R. 1128
Judgement Date	2022-05-20
Case Number	869

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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