Disposed

Lavkush Kushwaha v. State of U.P.

Allahabad HC6 Aug 2024A482/23105/2024

Case brief

AI extract

What is this about?

This is an Application under Section 482 Cr.P.C. where the Learned Additional Chief Judicial Magistrate (Railway) had rejected the applicant's plea for concurrent running of sentences. The court considered the Supreme Court judgment in *Iqram* and exercised its discretion under Section 427(1) Cr.P.C. to direct that the five sentences be made to run concurrently.

What did the court decide?

Directed that the sentences imposed against the applicant in the five cases shall run concurrently.

Lavkush Kushwaha vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126182

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 23105 of 2024

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Applicant :- Lavkush Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Gaur Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application has been filed by the applicant with prayer to allow this application and set aside the impugned order dated 10.5.2024 passed by learned Additional Chief Judicial Magistrate (Railway) Agra passed in Misc. Application No. 02 of 2024 whereby the learned Magistrate had rejected the application as was filed by him as non-maintainable since such an impugned orders amounts to clear abuse of the process of the court. Further prayer to direct to run the sentences concurrently awarded to the applicant in (1) Case Crime No. 90 of 2023, under Sections 379, 411 IPC (2) Case Crime No. 150 of 2023, under Sections 379, 411 IPC (3) Case Crime No. 143 of 2023, under Sections 379, 411 IPC (4) Case Crime No. 202 of 2023, under Sections 379, 411 IPC (5) Case Crime No. 165 of 2023, under Section 379 IPC, Police Station G.R.P. Agra Cantt., District Agra.

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It is submitted by learned counsel for the applicant that in this case, the applicant is in jail after conviction in five cases those are (i) Case Crime No. 90 of 2023, under Sections 379, 411 IPC (ii) Case Crime No. 150 of 2023, under Sections 379, 411 IPC (iii) Case Crime No. 143 of 2023, under Sections 379, 411 IPC (iv) Case Crime No. 202 of 2023, under Sections 379, 411 IPC (v) Case Crime No. 165 of 2023, under Section 379 IPC, Police Station G.R.P. Agra Cantt., District Agra. Further submitted that on the basis of confessional statement of the applicant the order of conviction was passed by the learned Additional Chief Judicial Magistrate (Railway) Agra on the same day i.e. on 01.09.2023. The applicant is serving the sentence in jail, therefore, request to direct that all the sentences run concurrently as per provision provided under Section 427(1) Cr.P.C. He relied his argument on the judgment passed by Hon'ble the Supreme Court in the case of

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Iqram Vs. State of U.P. and others, 2022 LiveLaw (SC)1032 in which the sentences in 9 cases against the appellant for theft of electricity were ordered to run concurrently.

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Learned A.G.A. opposed the prayer as aforesaid but could not dispute the legal position as explained by Hon'ble the Supreme Court in the aforesaid case.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. perusal of record, the order of conviction and sentence passed by learned trial court and the judgment passed by the Hon'ble Supreme Court in the aforesaid case, while exercising the discretion of the Court in view of provisions under Section 427(1) Cr.P.C. it is hereby directed that the sentences imposed against the applicant in the aforesaid five cases shall run concurrently.

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Accordingly, the present application is disposed of finally.

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The jail authorities shall now act immediately on the production of certified copy of this order.

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Order Date :- 6.8.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Lavkush Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Lavkush Kushwaha v. State of U.P.

Case brief

What is this about?

What did the court decide?

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