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2012 Supreme(Mad) 3010

K.N.BASHA, P.DEVADASS
K. Arasan – Appellant
Versus
State of Tamil Nadu, Rep. by Inspector of Police – Respondent


Advocates Appeared:
For the Petitioners:R. Veeramani, Ms. B. Hemalatha, N. Manokaran, Advocates.
For the Respondents: K.P. Ananthakrishna, Addl. Public Prosecutor, P.N. Prakash, Amicus Curiae.

JUDGMENT

K.N. BASHA, J.

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:-

"Whether the inherent power of the High Court under section 482 of the Code of Criminal Procedure can be extended to issue a direction ordering the sentence imposed in a latter case on conviction to run concurrently with the sentence imposed in a former case as provided under section 427 of the Code of Criminal Procedure?"

2. The crux of the question involved in this matter is that whether this Court can invoke the inherent powers under Section 482 of the Code of Criminal Procedure [hereinafter referred to as "Cr.P.C."] for granting the relief under Section 427 Cr.P.C., for ordering the sentence imposed in the former case to run concurrently along with the sentence of imprisonment awarded in the latter case.

3. 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 previou





































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