The Saket District Court on Friday brought curtains down on one of Delhi’s long-running organised crime prosecutions, acquitting Shiv Murat Dwivedi and his co-accused Parveen Kumar in a case invoked under the stringent Maharashtra Control of Organised Crime Act (MCOCA). The judgment, delivered by Additional Sessions Judge Ravindra Kumar Pandey, came after a trial that stretched over a decade and a half, marked by bulky records, dozens of witnesses, and repeated claims of “organised crime” that, in the court’s view, ultimately did not hold water.
Background
The case dates back to FIR No. 54 of 2010 registered at Saket police station. The prosecution alleged that Shiv Murat Dwivedi, also known by several aliases including “Ichhadhari Sant,” was involved in continuous unlawful activities from 1997 to 2010, including offences under the Immoral Traffic (Prevention) Act and other criminal laws. On this basis, police sought to bring the case under MCOCA, a law meant to tackle organised crime syndicates.
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Parveen Kumar was projected as a close associate who allegedly helped facilitate these activities. After sanction from the competent authority, both were charged - Dwivedi under Section 3(1) of MCOCA and Parveen under Section 3(2). Both pleaded not guilty, and the trial rolled on, examining as many as 67 prosecution witnesses ranging from police officers to bank officials and hotel staff.
Court’s Observations
Listening to the judgment in court, it was clear the judge was unconvinced by the prosecution’s narrative. The court noted that while a long list of past FIRs was placed on record, mere registration of cases was not enough to prove “organised crime” as defined under MCOCA.
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“The prosecution has failed to establish the essential ingredients of continuous unlawful activity and organised crime,” the bench observed, pointing out gaps in linking earlier cases to a single crime syndicate operating with a common objective.
Several witnesses, particularly police officials, could not recall basic details during cross-examination - from travel records to dates and instructions. Financial documents and property valuations were also scrutinised, but the court found that these, by themselves, did not demonstrate proceeds of organised crime. In simple terms, suspicion remained, proof did not.
The judge also underlined that MCOCA, being a harsh law with serious consequences, requires strict compliance and strong evidence. “The benefit of doubt,” the court remarked, “must necessarily go to the accused where the prosecution story is riddled with inconsistencies.”
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Decision
In the final order dated 26 December 2025, the Saket Court acquitted both Shiv Murat Dwivedi and Parveen Kumar of all charges under Sections 3(1) and 3(2) of the MCOC Act, holding that the prosecution had failed to prove its case beyond reasonable doubt.
Case Title: State vs. Shiv Murat Dwivedi & Anr.
Case No.: SC 7058/2016 (43/15/2015), CNR No. DLST01-000209-2010
Case Type: Criminal Case under Sections 3(1) & 3(2) of the MCOC Act, 1999
Decision Date: 26 December 2025
