Bombay High Court
VICKY ANIL GHOLAP AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Dismissed
Holding
The application for quash was dismissed because the seriousness of the alleged organised crime offences and the applicants' antecedents warranted continuation of the prosecution.
Summary
The applicants, Vicky Anil Gholap and others, filed a criminal application seeking quash of the charge-sheet filed against them under the Maharashtra Control of Organised Crime Act, 1999. The charge-sheet alleged offences of a serious nature and the applicants had fourteen prior antecedents. The learned Single Judge considered the gravity of the alleged crime and its impact on society. He noted that the seriousness of the offences and the applicants' criminal history warranted a full trial. Consequently, the application for quash by consent of the parties was rejected. The court dismissed the application outright, leaving the applicants' other legal rights intact.
Issues considered
- Whether the criminal application for quashing the charge-sheet under the Maharashtra Control of Organised Crime Act, 1999 should be entertained.
Legislation cited
Subjects
- Organised crime
- MCOC Act
- quash application
- criminal procedure
- charge-sheet dismissal
Judgment
88.APL.1070.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1070 OF 2026
Vicky Anil Gholap and Ors. .. Applicants
Versus
The State of Maharashtra and Anr. .. Respondents
.................…
Mr. Ramchandra Wagh, Advocate i/by Mr. Udaysinh Deshmukh for
Applicants.
Mr. Yogesh M. Nakhwa, APP for Respondent No.1 – State.
PSI – Sanjay Baravkar, Chinchwad Police Station.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 29, 2026
P.C.:
1. Heard Mr. Wagh, learned Advocate for Applicant and Mr.
Nakhwa, learned APP for Respondent No.1 – State.
2. Considering the facts involved in the present case and
Applicants’ indictment subsequently in the charge-sheet for offences
punishable under Maharashtra Control of Organised Crime Act, 1999
(for short ‘MCOC Act’) and he having 14 antecedents, I am not at all
inclined to consider and grant the present Application for quashing by
consent of the parties in view of the gravity of the crime having
implication over the Society as large.
3. I dismiss the Application outrightly leaving all other rights of
the Applicants as available to Applicants open in accordance with law.
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88.APL.1070.2026.doc
4. Criminal Application is dismissed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.31
15:22:41 +0530
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