MCOCA approval and sanction quashed for one accused

The Bombay High Court dealt with two connected writ petitions arising from C.R. No. 115 of 2013, later numbered as MCOCA Special Case No. 298 of 2023. The petitioners sought quashing of the chargesheet and all consequential proceedings for offences under Sections 387, 120-B and 34 of the IPC, and Sections 3(1), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999. They also challenged the prior approval dated 12 September 2022 under Section 23(1)(a) and the sanction dated 21 February 2023 under Section 23(2) of MCOCA.

The bench comprised Justice A.S. Gadkari and Justice Ranjitsinha Raja Bhonsale. The judgment records that the petitions were heard finally with consent of the parties.

The dispute arose out of a long-running commercial and property transaction involving development rights in Powai and later disagreements between the parties. The judgment traces the background through agreements, civil proceedings, arbitration, and the criminal complaint that ultimately led to the MCOCA prosecution.

On the operative part, the Court drew a distinction between the two writ petitions. Criminal Writ Petition No. 622 of 2024 was dismissed. Criminal Writ Petition No. 2317 of 2023 was allowed, and the chargesheet in C.R. No. 115 of 2013, which had culminated in MCOCA Special Case No. 298 of 2023, was quashed and set aside as against Mangesh Sawant. The Court also quashed the prior approval under Section 23(1) and the sanction under Section 23(2) of MCOCA as against him.

The judgment therefore shows that the Court accepted the challenge in one case, while refusing relief in the other. It also makes clear that the relief on approval and sanction was confined to the successful petitioner, not the entire prosecution.

Practical takeaway: In MCOCA matters, the validity of prior approval and sanction can be tested petitioner-wise, and relief may be granted selectively.