Vijaya Kumar Mali vs The State Represented By Its;
2025 Latest Caselaw 2446 Mad

Citation : 2025 Latest Caselaw 2446 Mad
Judgement Date : 4 February, 2025

Madras High Court

Vijaya Kumar Mali vs The State Represented By Its; on 4 February, 2025

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                             Crl.O.P.No.2685 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 04.02.2025

                                                             CORAM:

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                 Crl.O.P.No.2685 of 2024

                1. Vijaya Kumar Mali
                2. Ganesh Mali                                                             ... Petitioners

                                                                  Vs
                The State represented by its;
                1. The Superintendent of Prison,
                   Central Prison Puzhal-I,
                   Puzhal,
                   Chennai - 600 066.

                2. The Inspector of Police,
                    Vishnu Kanchi Police Station,
                   (Cr.No.737 of 2022 and Cr.No.730 of 2022)             ... Respondents
                PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528
                of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the first respondent
                to treat the sentences in CC.No.216/2022, on the file of the Learned Judicial
                Magistrate Court-1, Kancheepuram dated 15.03.2023 and in CC.No.227/2022
                and on the file of the learned Judicial Magistrate Court-I, Kancheepuram dated
                15.03.2023 to run concurrently.
                                  For Petitioners : M/s K.Akshaya
                                  For Respondents : Mr.R.Vinothraja
                                                    Government Advocate (Crl.side)



                                                              ORDER

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This Criminal Original Petition has been filed for direction directing

the first respondent to treat the sentences in CC.No.216/2022, on the file of the

Judicial Magistrate Court-1, Kancheepuram dated 15.03.2023 and in

CC.No.227/2022 and on the file of the learned Judicial Magistrate Court-I,

Kancheepuram dated 15.03.2023 to run concurrently.

2. Heard the learned counsel appearing on either side and perused the

materials placed on record.

3. The petitioners were arrested and remanded to judicial custody on

29.09.2022 in pursuant to the registration of FIR in Crime Nos.737 and 730 of

2022 for the offences punishable under Sections 457 and 380 of IPC. After

completion of investigation, the second respondent filed a final report and the

same has been taken cognizance by the Judicial Magistrate Court-I,

Kancheepuram in C.C.Nos.216 and 227 of 2022. After fulfledged trial, the

petitioners were convicted for the offences under Section 457 of IPC and

sentenced to undergo two years rigorous imprisonment and to pay a sum of

Rs.1000/- each, in default to undergo one month simple imprisonment. For the

offence punishable under Section 380 of IPC, the petitioners were convicted and

sentenced to undergo one year rigorous imprisonment and to pay a sum of

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Rs.1000/- each, in default to undergo one month simple imprisonment. Both the

judgments were delivered on the same day by the same Court. However, both

the sentences were not ordered to run concurrently.

4. It is relevant to extract the provisions under Section 427 of Cr.P.C

as follows:-

“ 427. Sentence on offender already sentenced for another offence.

(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 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 concurrently with such previous sentence.” Therefore, the sentence imposed in both the cases shall run concurrently.

5. In view of the above, the first respondent is directed to treat the

sentences imposed in C.C.Nos.216 and 227 of 2022, on the file of the Judicial

Magistrate Court-I, Kancheepuram, by an order dated 12.03.2023 to run

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concurrently, unless the petitioners are not required to be imprisoned for other

cases.

6. With the above directions, this Criminal Original Petition stands

allowed.

04.02.2025

Internet:Yes Index:Yes/No Speaking/Non speaking order mn

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1. The Superintendent of Prison, Central Prison Puzhal-I, Puzhal, Chennai - 600 066.