(1.) This writ petition under Article 226 of the constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code") raises the following questions:-
(2.) The writ petition raising the aforesaid questions is filed by the sole petitioner seeking to quash the proceedings against him in MCOC Special Case no. 25/2005 on the file of the Special Court-II for greater Bombay at Sewree.
(3.) The background facts, sans unnecessary details, are as follows. An offence vide C. R. No. 128/2005 was registered at Dr. D. B. Marg Police Station under section 387 read with 34 of Indian Penal Code on the allegations that during the period between 31/5/2005 and 6/7/2005 the co-accused Vikki Malhotra and Farid Ahmed claiming to be working for Chhota Rajan were threatening the informant and trying to extort money to the tune of Rs. one crore. On the very same day, another FIR vide c. R. No. No. 195/2005 was registered at L. T. Marg Police station under section 387 read with 34 of IPC making the similar allegations by another informant, who was also threatened by the very same accused for extortion money of Rs. Fifty lacs. The investigation of both these offences was transferred to DCB, CID and they were registered afresh as C. R. Nos. 86/2005 and 87/2005. The petitioner also came to be arrested in connection with these offences.