A.S. Gadkari, J.

This Appeal has been preferred by the Appellant under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 ('MCOC Act' for brevity) thereby challenging the order passed by the Learned Special Judge, Pune under the MCOC Act, below Exhibit 4 in MCOCA Special Case No.7 of 2012, thereby rejecting his application preferred under Section 227 of the Code of Criminal Procedure for discharge. The Appellant questions the correctness of the said order dated 4 March 2013 passed below Exhibit 4 in Special case No.7 of 2012. The Appellant has challenged the said order mainly on two grounds i.e. (i) that there is no material at all on record for framing a charge against him and (ii) there is a total non application of mind of the competent authorities while granting prior approval as contemplated under Section 23(1)(a) and sanction as contemplated under Section 23(2) of the MCOC Act.

2. It appears from the record that the complainant Smt. Parvin Anwar Shaikh has lodged a First Information Report at Kondhwa Police Station on 14 March 2012 stating that on 13 March 2012 at about 10.30 p.m. when she was proceeding with her husband in a Santro car, accused Mati