Sunita Gupta, J.:--

1. Present appeal under Section 12 of Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred as MCOCA) r/w Section 482 Cr.P.C. has been preferred challenging the order dated 29th July, 2013 passed by the learned Additional Sessions Judge whereby on the application moved by the complainant under Section 9 of the MCOCA r/w Section 319 Cr.P.C., FIR was ordered to be registered against the appellants.

2. It is submitted by the learned counsel for the appellant that Section 9 of MCOCA does not give any power to the Court to give direction to register FIR and this Section provides for taking cognizance of an offence by the Special Court of MCOCA. Passing of the order by the learned Sessions Judge to register FIR does not amount to taking cognizance. Hence, the order passed by the learned Sessions Judge is not maintainable. Moreover, under Section 23(1)(a) of MCOCA, 1999, the information of commission of any organized crime shall not be recorded without prior approval of the police officer not below the rank of the Additional Commissioner of Police. The penal provisions has to be strictly complied with. However, in the instant case, the learned