1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.287 OF 2007 ALONGWITH CRIMINAL APPLICATION NO.887 OF 2007 IN CRIMINAL APPEAL NO.287 OF 2007 Mohd. Amir Shakeel Ahmed ..... Appellant/Accused. v/s The State of Maharashtra (At the instance of ATS Police Station) .....Respondent. ----- Mr. A.P. Piratwad & Mohd. Khan S. Khan for the appellant. Mr. R.B. Thakare alongwith Mr. A.M. Chimalkar, Special Public Prosecutors alongwith Ms. A.S. Pai, Assistant Public Prosecutor for the State. ----- CORAM: SWATANTER KUMAR, C.J. AND V.M.KANADE, J. DATE : 7TH APRIL, 2008. P.C.: 1. We have heard the learned Counsel appearing for the parties. 2. This appeal is directed against the order dated 26/02/2007 passed by the learned Special Judge, rejecting the application filed by the appellant for discharge. The only ground raised during the course of hearing before us is that in terms of section 23(1)(a) of the MCOCA, prior approval of 2 the higher competent authority is mandatory which has not been taken in the present case. This point has been squarely dealt with by the learned Special Court and the reasoning given by the Court is in consonance with the judgment of the Division Bench of this Court in the case of John D'Souza Vs. Assistant Commissioner of Police & Ors in Criminal Writ Petition No.147 of 2007 decided on 30/04/2007. The cognizance had already been taken by the Magistrate and there were two different charge sheets which is a fact not even in dispute in the present case. 3. In view of the above Division Bench Judgment of this Court with which we have no reason to differ with, this appeal has no merit and the same is dismissed. 4. Since the appeal is disposed of Criminal Application No.887 of 2007 in Criminal Appeal No.287 of 2007 does not survive and the same is also disposed of. CHIEF JUSTICE V.M. KANADE, J.