K ARASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These Petitions are posted before this Bench as per the order of The Hon'ble The Chief Justice on the basis of the reference made by a learned Single Judge in order to answer the question raised which is as follows:

(2.) It is seen that two conflicting views expressed by two learned Single Judges in respect of invoking the jurisdiction under Section 482, Cr.P.C. for granting the relief of ordering the subsequent sentence to run concurrently with the previous sentence awarded against a person in an earlier case which necessitated the learned referring Single Judge to refer the matter to a Division Bench to resolve the said conflict between two decisions. It is seen that a learned Single Judge in A. Palanisamy, Kaithan v. Inspector of Police, B1 Police Station, Kadaiveethi, Coimbatore and others, 2011 4 MadLJ(Cri) 813, after referring to various judgments of the Hon'ble Apex Court, has held in paragraph 27, as hereunder

(3.) Another learned Single Judge in A. Paulraj v. Maria Chellammal and others,2011 4 MadLJ(Cri) 798, has taken a contrary view by placing reliance on the decision of the Larger Bench of the Hon'ble Apex Court and held as hereunder: