134. MCOCA also has a similar scheme as considered in
Pradeep Ram Vs.The State of Jharkhand and Ors.supra. In
case before us, none of the advocates has argued that a second
FIR has been registered in relation to murder of the corporator Shri
Kamalakar Jamsandekar. On the contrary, the developments
demonstrate parity with the facts in matter before the Hon. Apex
court in case of Pradeep Ram Vs.The State of Jharkhand and Ors.
(supra). The elements essential for constituting the "CULA" and to
::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 18:02:45 :::
86 Judg.Apeal.1157.12 aw connected matters.doc
attract MCOCA surfaced only after a trap in dacoity intelligence on
26.4.2008. After examining those facts, proposal for approval
under S. 23(1)(a) of the MCOCA was moved on 18.5.2008 & the
competent authority functioning under that Act, granted the
permission on 20.5.2008. Thus, before that date there was no
MCOCA ofence before the Court or before the competent
investigating agency. The Court which had then taken cognizance
of the charge sheet dated 7.6.2007 submitted by the Sakinaka
police was not the Special Court authorized to take cognizance &
the Sakinaka Investigating Ofcer was also not competent to
investigate into MCOCA ofences.
58. The report of the DNA Ext.PW-22/A has simply been
tendered by the Investigating Officer PW-22 Tilak Chand in
evidence and therefore, in terms of the Judgment of the Hon'ble
::: Downloaded on - 27/06/2024 20:32:24 :::CIS 69
Supreme Court in Pattu Rajan's case (supra), para-29, it is in
the nature of opinion evidence as per Section 45 of the Indian
.
134. MCOCA also has a similar scheme as considered in
Pradeep Ram Vs.The State of Jharkhand and Ors.supra. In
case before us, none of the advocates has argued that a second
FIR has been registered in relation to murder of the corporator Shri
Kamalakar Jamsandekar. On the contrary, the developments
demonstrate parity with the facts in matter before the Hon. Apex
court in case of Pradeep Ram Vs.The State of Jharkhand and Ors.
(supra). The elements essential for constituting the "CULA" and to
::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 18:02:29 :::
86 Judg.Apeal.1157.12 aw connected matters.doc
attract MCOCA surfaced only after a trap in dacoity intelligence on
26.4.2008. After examining those facts, proposal for approval
under S. 23(1)(a) of the MCOCA was moved on 18.5.2008 & the
competent authority functioning under that Act, granted the
permission on 20.5.2008. Thus, before that date there was no
MCOCA ofence before the Court or before the competent
investigating agency. The Court which had then taken cognizance
of the charge sheet dated 7.6.2007 submitted by the Sakinaka
police was not the Special Court authorized to take cognizance &
the Sakinaka Investigating Ofcer was also not competent to
investigate into MCOCA ofences.
134. MCOCA also has a similar scheme as considered in
Pradeep Ram Vs.The State of Jharkhand and Ors.supra. In
case before us, none of the advocates has argued that a second
FIR has been registered in relation to murder of the corporator Shri
Kamalakar Jamsandekar. On the contrary, the developments
demonstrate parity with the facts in matter before the Hon. Apex
court in case of Pradeep Ram Vs.The State of Jharkhand and Ors.
(supra). The elements essential for constituting the "CULA" and to
::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 18:00:24 :::
86 Judg.Apeal.1157.12 aw connected matters.doc
attract MCOCA surfaced only after a trap in dacoity intelligence on
26.4.2008. After examining those facts, proposal for approval
under S. 23(1)(a) of the MCOCA was moved on 18.5.2008 & the
competent authority functioning under that Act, granted the
permission on 20.5.2008. Thus, before that date there was no
MCOCA ofence before the Court or before the competent
investigating agency. The Court which had then taken cognizance
of the charge sheet dated 7.6.2007 submitted by the Sakinaka
police was not the Special Court authorized to take cognizance &
the Sakinaka Investigating Ofcer was also not competent to
investigate into MCOCA ofences.
134. MCOCA also has a similar scheme as considered in
Pradeep Ram Vs.The State of Jharkhand and Ors.supra. In
case before us, none of the advocates has argued that a second
FIR has been registered in relation to murder of the corporator Shri
Kamalakar Jamsandekar. On the contrary, the developments
demonstrate parity with the facts in matter before the Hon. Apex
court in case of Pradeep Ram Vs.The State of Jharkhand and Ors.
(supra). The elements essential for constituting the "CULA" and to
::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 18:01:24 :::
86 Judg.Apeal.1157.12 aw connected matters.doc
attract MCOCA surfaced only after a trap in dacoity intelligence on
26.4.2008. After examining those facts, proposal for approval
under S. 23(1)(a) of the MCOCA was moved on 18.5.2008 & the
competent authority functioning under that Act, granted the
permission on 20.5.2008. Thus, before that date there was no
MCOCA ofence before the Court or before the competent
investigating agency. The Court which had then taken cognizance
of the charge sheet dated 7.6.2007 submitted by the Sakinaka
police was not the Special Court authorized to take cognizance &
the Sakinaka Investigating Ofcer was also not competent to
investigate into MCOCA ofences.
134. MCOCA also has a similar scheme as considered in
Pradeep Ram Vs.The State of Jharkhand and Ors.supra. In
case before us, none of the advocates has argued that a second
FIR has been registered in relation to murder of the corporator Shri
Kamalakar Jamsandekar. On the contrary, the developments
demonstrate parity with the facts in matter before the Hon. Apex
court in case of Pradeep Ram Vs.The State of Jharkhand and Ors.
(supra). The elements essential for constituting the "CULA" and to
::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 18:00:40 :::
86 Judg.Apeal.1157.12 aw connected matters.doc
attract MCOCA surfaced only after a trap in dacoity intelligence on
26.4.2008. After examining those facts, proposal for approval
under S. 23(1)(a) of the MCOCA was moved on 18.5.2008 & the
competent authority functioning under that Act, granted the
permission on 20.5.2008. Thus, before that date there was no
MCOCA ofence before the Court or before the competent
investigating agency. The Court which had then taken cognizance
of the charge sheet dated 7.6.2007 submitted by the Sakinaka
police was not the Special Court authorized to take cognizance &
the Sakinaka Investigating Ofcer was also not competent to
investigate into MCOCA ofences.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 06:53:48 pm )
W.P.No.30216 of 2024, etc. batch
ii. In Rajan v. State of T.N. reported in (2019) 14 SCC 114, the
Hon'ble Supreme Court has clearly held that a convict cannot
be directed to be released from prison pending consideration of
the petition for premature release. All that he is entitled to is to
have his petition for premature released considered on merits in
terms of G.O.Ms.No.12 or any other policy prevailing at the
relevant point of time. If the same is rejected, it is open to him
to challenge it under Article 226 of the Constitution of India in
a manner known to law. This decision has unfortunately not
been brought to the notice of the previous Division Benches.
134. MCOCA also has a similar scheme as considered in
Pradeep Ram Vs.The State of Jharkhand and Ors.supra. In
case before us, none of the advocates has argued that a second
FIR has been registered in relation to murder of the corporator Shri
Kamalakar Jamsandekar. On the contrary, the developments
demonstrate parity with the facts in matter before the Hon. Apex
court in case of Pradeep Ram Vs.The State of Jharkhand and Ors.
(supra). The elements essential for constituting the "CULA" and to
::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 18:02:02 :::
86 Judg.Apeal.1157.12 aw connected matters.doc
attract MCOCA surfaced only after a trap in dacoity intelligence on
26.4.2008. After examining those facts, proposal for approval
under S. 23(1)(a) of the MCOCA was moved on 18.5.2008 & the
competent authority functioning under that Act, granted the
permission on 20.5.2008. Thus, before that date there was no
MCOCA ofence before the Court or before the competent
investigating agency. The Court which had then taken cognizance
of the charge sheet dated 7.6.2007 submitted by the Sakinaka
police was not the Special Court authorized to take cognizance &
the Sakinaka Investigating Ofcer was also not competent to
investigate into MCOCA ofences.