Manish Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 11335 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 20 th OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 16421 of 2023

                          BETWEEN:-
                          MANISH KUSHWAHA S/O BUDDHSEN KUSHWAHA,
                          AGED ABOUT 39 YEARS, OCCUPATION: LABOR R/O
                          CHIROLHA COLONY BEHIND PWD WORKSHOP REWA
                          DISTRICT REWA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI ASHISH KUMAR KURMI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION PAWAI DISTRICT PANNA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI A. S. PATHAK - GOVT. ADVOCATE)

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

Applicant has filed this petition under Section 482 of the Code of

Criminal Procedure for issuing direction that sentence awarded by the trial Court be directed to run concurrently.

2. Counsel appearing for the applicant submitted that no direction has been given in judgment passed by the trial Court. It is submitted that this Court has inherent power to issue direction to trial Court to secure the ends of justice or from miscarriage of justice. In these circumstances, petition may be allowed.

Signature Not Verified

3. Govt. Advocate for the State has opposed the prayer and Signed by: ARVIND KUMAR DUBEY Signing time: 7/21/2023 11:12:58 AM

submitted that if applicant has some grievance against the judgment then applicant ought to have been challenged the same in appeal. Appeal filed by the applicant has already been considered and dismissed. Revision was also dismissed by the High Court. In all these proceedings applicant has not raised any ground that direction ought to have been given by the trial Court that sentences will run concurrently. Now High Court exercising its inherent power cannot issue such directions.

4. Heard learned counsel for the parties.

5. Section 427 of the Cr.P.C. 1973 is reproduced 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, unles s the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment 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.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run con- currently with such previous sentence."

6. As per section 427 of the Cr.P.C, if no direction is given by the trial Court to run the sentence concurrently then sentence will run after another. Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 7/21/2023 11:12:58 AM

In this case also no direction has been given by the trial Court that sentence will run concurrently. In absence of such direction, as per section 427 of the Cr.P.C sentence will run subsequently i.e. one after another. No ground has been raised in appeal and revision. Revision and appeal have also been dismissed. Now at this stage, this Court cannot interfere in the judgment passed by the trial Court exercising inherent power under Section 482 of the Cr.P.C.

7. Considering the aforesaid, petition is dismissed.

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 7/21/2023 11:12:58 AM