JUDGMENT :

S.M. Modak, J.

In this Petition, we are required to decide the prayer for quashing of FIR made by the Petitioner/accused who is yet not arrested. “The averments “in the FIR” are the only criterios or whatever “material collected during investigation” is the relevant criterio for quashing” is the predominant issue to be addressed in this Petition.

2. The Petitioner filed an application for grant of protection from arrest in connection with an offence registered at C.R. No.512 of 2021 under Sections 307, 324, 323, 509, 504, 506(2), 143 144, 147, 148, 149 of Indian Penal Code and Sections 4, 25 of Arms Act along with Sections 37(1) read with Section 135 of Bombay Police Act lodged at Mankhurd Police Station. It was registered on the complaint of Sunil Muralidhar Sathe. Apprehending arrest, the Petitioner approached the City Civil Court, Mumbai. Initially, he could got interim protection from arrest as per Order dated 26 August 2021. However, he was not successful in securing an Order of confirmation for the reason that Additional Commissioner of Police Mumbai have granted approval under Section 23 of the provisions of Maharashtra Control of Organized Crime Act, 1999 (MCOC Act)