Criminal Misc. No. M-5894 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-5894 of 2010 (O&M) Date of Decision:August 10 , 2010 Shanti Sarup ...........Petitioner Versus State of Punjab and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr. S.P.S.Sidhu, Advocate for the petitioner Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab Mr.Harsh Aggarwal,Advocate for respondent No.3 Ms.Gursharan Kaur, Advocate for Mrs. G.K.Mann, Advocate for respondent No.4 ** Sabina, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short `Cr.P.C.) read with Section 427 Cr.P.C. with a prayer for issuance of a direction to the respondent No.2 to treat the period of imprisonment undergone by the petitioner as concurrent in all the eight cases the details of which are mentioned in the body of this petition. After hearing the learned counsel for the parties, I am of the opinion that this petition deserves dismissal. It has been held by the Apex Court in M.R.Kudva vs. State of Andhra Pradesh 2007(1)RCR (Criminal) 868 wherein it has been held Criminal Misc. No. M-5894 of 2010 (O&M) 2 as under:- “However, in this case the provision of section 427 of the Code was not invoked in the original cases or in the appeals. A separate application was filed before the High Court after the special leave petitions were dismissed. Such an application, in our opinion, was not maintainable. The High Court could not have exercised its inherent jurisdiction in a case of this nature as it had not exercised such jurisdiction while passing the judgments in appeal. Section 482 of the Code was, therefore, not an appropriate remedy having regard to the fact that neither the trial Judge, nor the High Court while passing the judgments of conviction and sentence indicated that the sentences passed against the appellant in both the cases shall run concurrently or Section 427 would be attracted. The said provision, therefore, could not be applied in a separate and independent proceeding by the High Court. The appeal being devoid of any merit is dismissed.” In the present case, the provisions of Section 427 Cr.P.C. was not invoked during trial or in appeal. No matter is pending before this Court qua the conviction of the petitioner. In these circumstances, the petition under Section 427 Cr.P.C. is dismissed being not maintainable. ( Sabina ) Judge August 10,2010 arya