Vaishali Kakasaheb Kamble vs The State Of Maharashtra
2022 Latest Caselaw 5552 Bom

                                                                                                21-WP-5729-2021.doc



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL WRIT PETITION NO. 5729 OF 2021

                        Vaishali Kakasaheb Kamble                                  ...Petitioner
                              Versus
                        The State Of Maharashtra                                   ...Respondent
                                                                          ....
                        Mr. Vilas B. Tapkir, Advocate for the Petitioner.
                        Mr. S. R. Agarkar, APP for the Respondent - State.

                                                     CORAM          :        PRAKASH D. NAIK, J.

                                                     DATE           :        17th JUNE, 2022.

                        PER COURT:

1. The Petitioner is aggrieved by order dated 28 th January, 2020

rejecting the application for discharge passed by the learned

Special Judge under the Maharashtra Control of Organised Crime

Act, 1999 ( for short "MCOC Act") Pune in MCOC Case No.11 of

2017 below Exhibit - 26 and 53.

2. Section 12 of the MCOC Act reads as follows :-

" 12. (1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special court to the High Court.

(2) Every appeal under this section shall be preferred within thirty days from the date of the judgment, sentence or order."

3. In the light of the aforesaid provision, the petitioner will

have to prefer an appeal under Section 12 of the MCOC Act

Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:

2022.06.18 16:17:51 Sajakali Jamadar 1 of 2 +0530 21-WP-5729-2021.doc

challenging the impugned order.

4. Learned counsel for Petitioner on instructions seeks

permission to withdraw this petition with liberty to prefer an

appeal under Section 12 of the MCOC Act.

5. In view of submission, the petition is allowed to be

withdrawn with liberty to prefer an appeal under Section 12 of the

MCOC Act challenging the impugned order. In the event question

of delay in preferring arises, the Petitioner would be at liberty to

urge that this petition was pending in this Court for condoning

delay, if any.

                                            (PRAKASH D. NAIK, J.)




Sajakali Jamadar                      2 of 2