JUDGMENT :

Sarang V. Kotwal, J.

1. The Applicant has preferred this application for various reliefs. Initially the substantive prayer was made for quashing of the FIR which was registered vide C.R. No.303/2020 dated 27th August 2020 at Worli Police Station, Mumbai under Section 387 read with 34 of the Indian Penal Code. It was transferred to Anti-Extortion Cell, Crime Branch, Mumbai and it was registered vide C.R. No.122/2020. Subsequently, by an amendment of the prayers, the Applicant has; in addition, prayed for quashing and setting aside of the order dated 22nd September 2021 issued by the Joint Commissioner of Police (Crime) granting approval under Section 23(1) of the Maharashtra Control of Organized Crime Act (for short, ‘MCOCA’) against the Applicant.

2. Heard Shri Aabad Ponda, learned Senior counsel for the Applicant, Smt. Aruna Pai, learned Public Prosecutor for the State and Shri Nitin Gaware Patil, learned counsel for the Respondent No.2.

3. The FIR was lodged on 27th August 2020 by the Respondent No.2 Kailash Agarwal. He has stated that he was in the construction business and was having his firm by name ‘Nish Developers’. He also had another business by name ‘Nishant Import