Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2015

Supreme Court of India · 2015-07-24

State Of Maharashtra vs Shiva @Shivaji Ramaji Sonawane & Ors

Citation / case number
AIR 2015 SUPREME COURT 2947
Court
Supreme Court of India
Petitioner
State Of Maharashtra
Respondent
Shiva @Shivaji Ramaji Sonawane & Ors
Author
T.S. Thakur
Bench
R. Banumathi, T.S. Thakur

Judgment text excerpt

The Supreme Court upheld the High Court's decision to acquit the respondents of charges under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), emphasizing that mere filing of charge sheets is insufficient to establish guilt under Section 3 of MCOCA. The Court reiterated that it is essential to prove 'continuing unlawful activities' involving threats or coercion for pecuniary gain, as mandated by Section 2(d) and Section 23 of MCOCA. The Court affirmed that the competent authority must apply its mind to the facts before sanctioning prosecution, which was not done in this case, leading to the acquittal of the respondents.

State Of Maharashtra vs Shiva @Shivaji Ramaji Sonawane & Ors · Niyam