1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.2183 OF 2005. WITH CRIMINAL APPLICATION No.34 OF 2006. Lalit Somdatta Nagpal & Ors ..Petitioners. vs. The State of Maharashtra and Ors ..Respondents. Mr I.P. Bagaria for petitioners in W.P.No.2183/2005. Mr K.V.Saste,A.P.P. for the State. Mr R.B. Thakare and A.M. Chimalkar for applicant in Criminal Application No.34/2006. CORAM: BILAL NAZKI, AND A.R.JOSHI,JJ DATED : 6TH AUGUST, 2009 P.C. :- 1. Rule. Heard forthwith by consent of parties. 2. It appears that an investigation was started against the present petitioners in C.R.No.II/8/2005 registered with Rasayani Police Station, Raigad under 2 various cognizable offences. The investigation as far as offence under the Maharashtra Control of Organized Crimes Act, 1999 ( the M.C.O.C.Act for short) is concerned was stayed by this Court by an interim order. The State went in appeal in Special Leave Petition No.1101/2006 and the Supreme Court while deciding the appeal has held as under:- In our view, both the sanctions which formed the very basis of the investigation have been given mechanically and are vitiated and cannot be sustained. In taking recourse to the provisions of the MCOCA 1999, which has the effect of curtailing the liberty of an individual and keeping him virtually incarcerated, a great responsibility has been cast on the authorities in ensuring that the provisions of the Act are strictly adhered to and followed, which unfortunately does not appear to have been done in the instant case. 3. In view of the aforesaid finding of the Supreme Court that the prior sanction which was required was defective, we do not think that the respondents could proceed with the investigation and as there was no offence being investigated other than the MCOCA and therefore F.I.R. Registered shall have to be quashed. 4. In view of above, the Writ petition is allowed in terms of prayer clause (b). Consequently, steps taken during the investigation have also to be reversed. Rule is 3 made absolute accordingly. 5. Writ Petition is disposed of. 6. In view of disposal of the writ petition the criminal application becomes infructuous and same is also disposed of. (BILAL NAZKI,J) (A.R.JOSHI,J)