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2018 DAILYLAW 3568 (BOM)

THE STATE OF MAHARASHTRA v. DNYANESHWAR @ BALYA S/O. NAMDEV KHARAT

APPLN/2321/2018 · 2026-08-25

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Judgment text

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*1* 901appln2321o18 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2321 OF 2018 IN REVNST/233/2018 THE STATE OF MAHARASHTRA VERSUS DNYANESHWAR @ BALYA S/O. NAMDEV KHARAT ... Shri A.A.A. Khan, APP for the Applicant/ State. ... CORAM : SUSHIL M. GHODESWAR, J. DATE : 25 August 2026 P. C. :- 1. Heard learned APP. 2. This is an application for condonation of delay in filing the Criminal Revision Application. For the reasons stated in the application and since it is disclosed that the delay is inadvertently caused, same is condoned. Criminal Application No.2321/2018 is, accordingly, disposed of. 3. Criminal Revision Application is taken up for hearing. 4. Learned APP submits that the learned Special Judge, vide the impugned order dated 18.07.2017, was pleased to partly *2* 901appln2321o18 allow the application thereby, discharging the respondent/ accused from the offences punishable under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999. The learned Special Judge has observed that to invoke ingredients of ‘continuing unlawful activities’ and ‘organized crime syndicate’, filing of more than one charge-sheet is must. 5. In view of the above and considering the law laid down by the Hon’ble Supreme Court in Kavitha Lankesh vs. The State of Karnataka, (2021) 12 SCC 785, I am of the view that sufficient grounds are raised for challenging the impugned order. I am, therefore, inclined to issue notice. As such, issue notice to the respondent returnable on 22.09.2026. kps ( SUSHIL M. GHODESWAR, J. )