Dismissed

Amrik Singh v. State of Punjab

Punjab & Haryana HC16 Sept 2009CRM-M/16543/2008

Case brief

AI extract

What is this about?

Petitioner-convict filed a Section 482 Cr.P.C. petition seeking concurrent running of sentences in two cases with pending appeals. The single-judge bench held the petition was not maintainable, explaining that such a prayer could only be made in the pending appeals, citing Jang Singh.

What did the court decide?

Petition dismissed with liberty to seek appropriate remedy in pending appeals.

Amrik Singh Vs State of Punjab — Criminal Trial and Appeal | Punjab & Haryana HC (2009)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-16543 of 2008 Date of decision : September 16, 2009

Amrik Singh

....Petitioner

versus

State of Punjab

....Respondent

Coram: Hon'ble Mr. Justice L.N. Mittal

¶9

Present : Mr. Vivek Thakur, Advocate, for the petitioner

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Mr. Gaurav Garg Dhuriwala, AAG Punjab

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L.N. Mittal, J. (Oral)

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Convict Amrik Singh sent application from jail addressed to Hon'ble the Chief Justice of this Court, which has been treated as petition under section 482 of the Code of Criminal Procedure ( in short, Cr.P.C.). The petitioner has alleged that he is convict in two cases i.e. FIR No. 110 dated 8.5.2001, under sections 302, 392 IPC and section 25 of Arms Act, Police Station Fazilka, District Ferozepur, in which he has preferred Criminal Appeal No. 645-DB of 2004 and FIR No. 54 dated 16.8.2001, under sections 302, 307, 392 IPC and section 25 of the Arms Act, Police Station City Jalalabad (W), District Ferozepur, in which he has preferred Criminal Appeal No. 553 of 2007 (correct number being 853-DB of 2007 as per report of office). The petitioner-convict has prayed that sentences awarded to him in the aforesaid cases be ordered to run concurrently.

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Criminal Misc. No. M-16543 of 2008

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-2-

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As per office report, both the aforesaid appeals are still pending

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in this Court.

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In view of judgment of Full Bench of this Court in the case of Jang Singh versus State of Punjab , 2008(1) RCR (Criminal), 323, the instant separate petition under section 482 Cr.P.C. is not maintainable for seeking direction for concurrent running of sentences awarded in two or more cases although such prayer can be made in the pending appeal or revision.

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In view of the aforesaid, the instant petition is disposed of with liberty to convict-petitioner to seek appropriate remedy, in accordance with law, in the pending appeals.

¶19

A copy of this order be sent to the convict-petitioner through jail authorities.

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September 16, 2009 ' dalbir'

Amrik Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Amrik Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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