Aamir Atik Khan Alias Imran Khan v. State Of Maharashtra And ANR

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2025.10.09 15:52:35 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5969 OF 2024 Aamir Atik Khan Alias Imran Khan

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Bhaskar Jha (through VC) a/w Ms. Vijaya Mistry for the Petitioner.

Mr. Mayur Sonavane, A.P.P for the Respondent-State. ASI - Mr. S.K.Dolas attached to Crime Branch, Pune City, present. CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 7 th OCTOBER, 2025 P.C. :

1.

By this petition, the petitioner seeks the following substantive prayer :

"(a) This Hon'ble Court may be pleased to pass an order to exclude charges under Maharashtra Control of Organized Crime Act (MCOCA), 1999 against the Petitioner from Spl. MCOC Case No. 251 of 2024 pending Trial before Special Judge (under MCOC Act) & 1/3

Additional Sessions Judge, Pune in FIR No. 306 of 2023 registered with Bundgarden Police Station, Pune." 2.

Learned A.P.P raises a preliminary objection. He submits that the petitioner has an alternate efficacious remedy of filing a discharge application before the learned Special Judge (under MCOCA, Pune).

3.

In view of the preliminary objection raised by the learned A.P.P, learned Counsel for the petitioner seeks leave to withdraw the petition with liberty to file a discharge application before the learned Special Judge (under MCOCA, Pune).

4.

Petition is accordingly disposed of as withdrawn, with liberty as prayed.

5.

We make it clear that we have not gone into the merits of the petition and as such, all contentions of all parties, on merits, are kept open.

2/3

6.

All concerned to act on the authenticated copy of this order.

SANDESH D. PATIL, J.

REVATI MOHITE DERE, J.

3/3