RANJITSING BRAHMAJEETSING SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three petitions raise identical questions of law and therefore by consent of parties. are heard together and will be decided together by this common order.

(2.) CRIMINAL Writ Petition No. 3 of 2004 has been filed by Shri Ranjitsing Sharma who retired as a Commissioner of Police, Bombay. He has challenged by this petition the investigation and the FIR by which an offence under section 3 (2) and 3 (5) of the MCOCA is registered against him by the police.

(3.) CRIMINAL Writ Petition No. 38 of 2004 is filed by shri Anil Gote, a sitting M. L. A. of the Maharashtra legislature, challenging the investigation and the FIR by which provisions of MCOCA were applied to him. He has therefore challenged the entire proceedlings including the FIR and has contended like Shri Ranjeet sharma that the application of these sections is improper, illegal and therefore void.