HC upheld Special court’s order to extend time of 45 days to police for filing chargesheet in MCOCA case
Justice Vinay Joshi of Nagpur Bench of Bombay High Court upheld the order passed by the District Judge-1 and A.S.J. (MCOCA), Nagpur to extend the time of 45 days for Sakkardara police for filing chargesheet against three MCOCA accused persons and also rejected their bail in default.
MCOCA accused Shehzada Khan Aziz Khan (60), Amjad Khan Aziz Khan (42), Iqbal Khan Igga Aziz Khan, (44), All residents of Bada Tajbagh, Umred Road, filed a criminal application before the court.
A case was registered against applicants on August 31, 2021 for the offence punishable under Sections 384, 386, 420, 467, 471, 447, 504, 506 and 120(B) of the IPC and Sections 3[1][ii], 3[2], 3[4] and 4 of the MCOCA at Sakkardara police station. The applicants challenged the order passed by the Special Judge on June 10, 2022 by which the judicial custody remand of applicants came to be extended for a further period of 45 days, thereby granting extension for filing charge-sheet.
An application seeking extension of period for further 90 days was filed before the Special Court by public prosecutor as it was not possible to complete the investigation within the stipulated period of 90 days for filing the charge-sheet and as permissible under Section 21[2][b] of the MCOC Act.
After hearing both sides, the court observed that the application for extension was filed by the prosecutor after due application of mind in compliance with Section 21[2][b] of the MCOCA. Stating the application reflects the progress of investigation and reasons for extension, the court upheld the judgement of the trial Court and dismissed the application of the accused. Adv D.N. Mehta appeared for the accused while APP S.M. Ukey represented the state.
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