Case Note & Summary
Multiple parties related to a case under the Maharashtra Control of Organised Crime Act (MCOCA). The appellant, Jaydeep Taware, has filed an appeal challenging the trial court's order to conduct a detailed investigation and file a charge-sheet against him. The petitioners, including the informant and the injured victim, have also requested the transfer of the investigation to an independent agency, alleging biased investigation by the police. The court reviews the procedural history, evidence, and legal principles, ultimately deciding to transfer the investigation to the Crime Investigation Department (CID) of Maharashtra for a thorough and unbiased inquiry.
1. Introduction Appellant: Jaydeep Taware (Original Accused No.-6) Appeal: Criminal Appeal No.1075 of 2021 under Section 12 of the MCOC Act Impugned Order: Dated 9th December 2021, directing further investigation and submission of charge-sheet 2. Respondents and Petitioners Respondent No.2/Petitioner No.1: First informant in C.R. No.350 of 2021 Petitioner No.2: Injured victim in the crime 3. Legal Representation Appellant: Mr. Mundargi, learned Senior Counsel Respondents/Petitioners: Mr. Mohite and Mr. Mankapure, learned Senior Counsels State: Mr. J.P. Yagnik, learned APP 4. Case Background F.I.R.: No.350 of 2021 dated 1st January 2021 Incident: Shooting on 31st May 2021 involving political and business rivalry Initial Accused: Prashant Popatrao More, Tom @ Vinod Popatrao More, Akash Prashant More, and one unknown person 5. Investigation and Court Orders Approval for MCOC Act: Granted on 12th June 2021 Arrest of Appellant: 6th July 2021 Initial Report under Section 169 Cr.P.C.: Filed on 21st July 2021, exonerating the appellant Protest Petition: Filed by informant, resulting in further investigation orders on 16th August 2021 Subsequent Legal Proceedings: Writ Petition No.3207 of 2021 dismissed by High Court Special Leave to Appeal dismissed by Supreme Court Second Report under Section 169 Cr.P.C. dated 2nd December 2021, again exonerating the appellant Second Protest Petition resulting in the impugned order dated 9th December 2021 6. Legal Arguments Appellant's Argument: Citing Supreme Court's decision in Abhinandan Jha, trial court cannot compel submission of a charge-sheet Respondents' Argument: Biased investigation favoring the appellant, need for independent investigation 7. Court's Analysis and Decision Review of Evidence: Statements of witnesses and injured victim indicating conspiracy and rivalry Assessment of Investigation: Noted biased and incomplete investigation by police officers Supreme Court Guidance: Reiterated principles from Amar Nath Chaubey and Manohar Lal Sharma regarding fair investigation Transfer of Investigation: Directed to Crime Investigation Department (CID), Maharashtra 8. Conclusion Modification of Trial Court Order: Deleted direction to submit charge-sheet Transfer of Investigation: Directed to CID for a thorough and unbiased investigation
Issue of Consideration: Jaydeep Dilip Taware VERSUS The State of Maharashtra Ors.
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