V. G. PALSHIKAR, J. :- These three petitions raise identical questions of law and therefore by consent of parties, are heard together and will be decided together by this common order.

2. Criminal Writ Petition No. 3 of 2004 has been filed by Shri Ranjitsing Sharma who retired as Commissioner of Police, Bombay. He has challenged by this petition the investigation and the FIR by which an offence under Section 3(2) and 3(5) of the MCOCA is registered against him by the police.

3. Criminal Writ Petition No. 38 of 2004 is filed by Shri Anil Gote, a sitting M. L. A. of the Maharashtra Legislature, challenging the investigation and the FIR by which provisions of MCOCA were applied to him. He has therefore challenged the entire proceedings including the FIR and has contended like Shri Ranjeet Sharma that the application of these sections is improper, illegal and therefore void.

4. The third petition being Cri W. P. No. 170 of 2004 is filed by Shri P. B. Sawant who is prosecuted along with two others in what is known as Fake Stamp scam. He also is facing an FIR challenging application of MCOCA. He has also therefore challenged the entire proceedings.

5. A reply to the petition of peti