A.M. Khanwilkar, J.

Heard Counsel for the parties.

2. This Writ Petition is filed by the original complainant. He had filed a private complaint for initiating criminal action against Respondent No. 2 Shri. Sudhakar B. Pujari, who was, at the relevant time, working as Assistant Commissioner of Police in Anti Corruption Bureau, Mumbai Unit, for offence punishable under Section 506(2), 504 of the Indian Penal Code read with Section 3(2) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as “the MCOCA”). The Petitioner has challenged the order passed by the Commissioner of Police, Mumbai dated 28th October, 2004, declining to grant sanction to prosecute Respondent No. 2 for the alleged offences as also the order passed by the Special Judge under the MCOCA, Mumbai, dated 8th September, 2004 and the continuation order dated 6th November, 2004, rejecting the complaint filed by the Petitioner, for want of sanction accorded by the Competent Authority, to prosecute Respondent No. 2.

3. The question, as to whether criminal action for offences punishable under the provisions of the MCOCA can be initiated on a private complaint and whether the Special Cou