Allahabad High Court
Surya Bhan Mishra vs State Of U.P. Thru. Prin. Secy. ... on 10 January, 2023
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 137 of 2023
Applicant :- Surya Bhan Mishra
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko.
Counsel for Applicant :- Ayodhya Prasad Mishra A.P. Mishra,Ayodhya Prasad Mishra A.P. Mishra,Jaylaxmi Upadhyay,Rituraj Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
This petition has been filed by the applicant seeking a direction to the trial court to consider and count the punishment of applicant/petitioner in complaint case no. 4300732 of 2016, complaint case no. 0252 of 2017, complaint case case no. 1437 of 2016 and complaint case no. 1436 of 2017 passed by the court of learned Additional Court No. 5, District- Lucknow dated 15.1.2019, 26.4.2019, 12.11.2019 and 26.4.2019 under Section 138 of the N.I. Act.
Learned counsel for the applicant submits that the applicant has been convicted in four cases i.e. complaint case no. 1437 of 2016 under Section 138 N.I. Act, Police Station- Vikas Nagar, District- Lucknow and sentenced him 1 year imprisonment and fine of Rs. 5,00,000/- and in default of payment of fine three months additional imprisonment, complaint case no. 732 of 2016 under Section 138 N.I. Act, Police Station- Vikas Nagar, District- Lucknow and sentenced him 2 years imprisonment and fine of Rs. 2,00,000/- and in default of payment of fine three months additional imprisonment vide judgment dated 15.1.2019 passed by learned Additional Court No. 5, District- Lucknow , complaint case no. 1436 of 2017 under Section 138 N.I. Act, Police Station- Gazipur, District- Lucknow and sentenced him 2 years imprisonment and fine of Rs. 4,00,000/- and in default of payment of fine six months additional imprisonment vide judgment dated 26.4.2019 passed by learned Additional Court No. 5, District- Lucknow and complaint case no. 252 of 2017 under Section 138 N.I. Act, Police Station- Gazipur, District- Lucknow and sentenced him 2 years imprisonment and fine of Rs. 12,00,000/- and in default of payment of fine six months additional imprisonment vide judgment dated 26.4.2019 passed by learned Additional Court No. 5, District- Lucknow.
Learned counsel for the applicant further submitted before the Court that in complaint case no 1437 of 2016 he already served out the sentence provided by the court. Both complaint case nos. 1436 of 2017 and 252 of 2017 under Section 138 N.I. Act were decided on 25.4.2019. Complaint case no. 732 of 2016 under Section N. I. Act was decided on 14.1.2019. These cases are of the same nature. So, the sentence should run concurrently but no such speaking order was passed by the learned trial court. By means of this application under Section 482 Cr.P.C., learned counsel for the applicant prayed to direct learned Additional Court No. 5, District- Lucknow to pass an order that sentence provided in complaint case run concurrently.
Learned AGA has no objection to the innocuous prayer of the petitioner.
The provision of Section 427 (1) Cr.P.C. reads as under:-
"(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprison- ment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately."
In view of the above, without entering into merits of the case, I hereby, direct the trial court that if any application is filed by the applicant for issuance a direction for running all the sentence awarded to the applicant concurrently, then same shall be heard and decided expeditiously in accordance with law preferably within a period of one month from the date a certified copy of this order is produced before the court, if there is no legal impediment.
In view of the aforesaid terms, the application under Section 482 Cr.P.C. is disposed of.
Order Date :- 10.1.2023 / Anuj Singh
