Criminal Misc. No. M-21206 of 2009 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-21206 of 2009 Date of Decision : 17.02.2011. Rajbir ..Petitioner Versus The State of Haryana and another ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present:- Mr. Ashok Khubber, Advocate for Mr. R.S. Budhwar, Advocate, for the petitioner. Mr. Satyavir Singh Yadav, D.A.G., Haryana, for the respondents – State. NAWAB SINGH J.(ORAL) Rajbir-petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking directions to the respondents for making the sentences to run concurrently imposed upon him in cases bearing (i) First Information Report (for short 'FIR') No.172 dated October 28th, 2001 under Section 411 of the Indian Penal Code (for short 'IPC'), Police Station Kalayat, (ii) FIR No.4 dated January 3rd, 2002 under Section 25 of the Arms Act, Police Station Kalayat and (iii) FIR No.44 dated April 2nd, 2005 under Sections 399 and 402 of IPC, Police Station Kalayat. 2. A Full Bench of this Court in Jang Singh versus State of Punjab, 2008 (1) RCR (Criminal) 323, held that if the trial Court does not pass any such direction for making the sentences to run concurrently and appeal or revision against said decision is also decided, then it may not be open for a person to seek such direction for making the sentences to run concurrently by moving an application under Sections 482/427 Cr.P.C. The Full Bench also referred to a judgment of Hon'ble Supreme Court M.R. Kudva v. State of Andhra Pradesh, 2007 (1) RCR (Criminal) 868, wherein Hon'ble Supreme Court held that where provisions of Section 427 Cr.P.C. are never invoked and the appeals to High Courts and SLPs Criminal Misc. No. M-21206 of 2009 2 .. etc., are dismissed, then an application under Section 482 Cr.P.C. and Section 427 Cr.P.C. praying for imposing the sentences concurrently is not maintainable. 3. Abvoe being the legal position, the petition is deviod of merit and is hereby dismissed. (NAWAB SINGH) JUDGE 17.02.2011 neetu