B. H. Marlapalle, J. - (1.) Rule. The petition has been heard for final disposal by consent of the parties.
(2.) The petitioner who is one of the accused in Special MCOC Case No.11 of 2004 while in custody in connection with the said case, has forwarded his petition through the central prison at Mumbai on 26.9.2007.
(3.) According to the petitioner when the Investigating Officer Shri S.S. Kamble, (retired ACP) of DCB(C.I.D.) was in the witness box for recording his depositions in Special MCOC Case no.3 of 2003, he was present in the said court and the depositions of the said Investigating Officer indicated that he wanted to arrest Shri Rajendra Vale, Dy.Municipal Commission of Greater Mumbai in connection with Special MCOC Case No.3 of 2003, but was prevented from doing so at the instructions of the Home Minster and the Police Commissioner, Mumbai. It is his case that the depositions of Shri S.S. Kamble indicated that there was nexus between the officers of the Municipal Corporation of Gr. Mumbai, the accused and the Senior Police Officials as well as the Home Minster and therefore Shri Vale was not allowed to be impleaded as one of the accused in Special MCOC Case No.3 of 2003. He therefore sought following reliefs from this court viz.: a)To register an F.I.R. against the Home Minster and the Police Commissioner of Greater Mumbai for committing offences punishable under section 3(3) of M.C.O.C. Act, and b) to appoint Dr. Prdnya Sarvade, the Additional Commissioner of Anti Corruption Bureau as the Investigating Officer, head of special team for investigating and submitting a report to Ms.Chitkala Zutshi, Additional Chief Secretary (Home), and other consequential reliefs.;