Bombay High Court

THE STATE OF MAHARASHTRAversusDNYANESHWAR @ BALYA S/O. NAMDEV KHARAT

Disposal: DISPOSED OFF

Holding

The court condoned the delay, disposed of the condonation application, and issued notice to the respondent, indicating that the Special Judge’s order warrants further scrutiny.

Summary

The State of Maharashtra filed an application seeking condonation of delay in filing a criminal revision against Dnyaneswar, who had been discharged by a Special Judge under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999. The Special Judge held that more than one charge‑sheet is required to invoke the ingredients of ‘continuing unlawful activities’ and ‘organized crime syndicate’. The State challenged this order, relying on the Supreme Court’s decision in Kavitha Lankesh v. State of Karnataka (2021) 12 SCC 785. The High Court, after hearing the application, condoned the delay as inadvertent and disposed of the condonation application. It then proceeded to the revision matter, found sufficient grounds to question the Special Judge’s order, and issued notice to the respondent to appear on 22 September 2026.

Issues considered

Whether the delay in filing the criminal revision application can be condoned.
Whether the Special Judge erred in discharging the accused under MCOCA without the requisite multiple charge‑sheets.
Whether the precedent set in Kavitha Lankesh v. State of Karnataka is applicable to the present revision.

Legislation cited

Maharashtra Control of Organized Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)

Subjects

MCOCA
condonation of delay
criminal revision
multiple charge‑sheets
organized crime
Supreme Court precedent

Judgment

                               *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. )

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