SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1988 Supreme(MP) 311

C.P.SEN, P.C.PATHAK, Y.B.SURYAVANSHI
SHERSINGH – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
I.K.DWIVEDI

C. P. SEN, A. C. J.

( 1 ) THE applicant who is undergoing sentences in two different case has sent a petition from jail to make the sentences passed in those two case to run concurrently by invoking inherent powers of this Court under S. 482 of the Code of Criminal Procedure, 1973. In view of the conflicting decisions us to whither the inherent powers can be invoked under S. 482 when there is a specific provision under S. 427 (1) of the Code, the learned single Judge has referred the following questions for decision by Full Bench :- (I) Whether the law laid down in A. S. Naidu's case (1975 Cri LJ 498) (Madh Pra), still holds good ? (ii) Whether the High Court can entertain application under S. 427, Cr. P. C. ? (a) from accused who, while undergoing sentence of imprisonment was sentenced on subsequent conviction to the imprisonment and whose appeal/revision against the subsequent sentence stood disposed of without any direction under S. 427. Cr. P. C. ? (b) from accused who, while undergoing sentence of imprisonment was sentenced on subsequent conviction to the imprisonment without any direction under S. 427 of the Code and dues not file appeal or revision against his subsequent sen








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top