SANTOSH KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) BY way of present petition, under Section 482 Code of Criminal Procedure, 1973 read with Article 226 of the Constitution of India, petitioner has prayed that sentence awarded to him in two separate cases arising out of FIR No. 179/2005 under Sections 419/177/181/200/468/471/ 420 IPC and FIR No. 235/2004 under Sections 419/420/468/471 IPC be directed to run concurrently.

(2.) FACTS of the case, leading to the filing of the present petition, are that vide order dated 13th December, 2006 passed by learned Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi, petitioner was convicted in case No. 508/2002 arising out of FIR No. 179/2005 registered in Police Station Tilak Marg, on his pleading guilty. Subsequently, vide order of sentence dated 22nd December, 2006 petitioner was sentenced to Rigorous Imprisonment for a period of two years for the offence under Section 177 IPC, Rigorous Imprisonment for a period of three years for the offence under section 181 IPC, Rigorous Imprisonment for a period of six months for the offence under Section 182 IPC, Rigorous imprisonment for a period of two years for the offence under Section 200 IPC, Rigorous imprisonment for a period of three year for the offence under Section 419 IPC, Rigorous Imprisonment for a period of three years and a fine of Rs. 2000/- for the offence under Section 420 IPC; in default of payment of fine to further undergo Simple Imprisonment for a period of 15 days, Rigorous Imprisonment for a period of three months and a fine of Rs. 2000/- for the offence under Section 468 IPC; in default of payment of fine to further undergo Simple Imprisonment for a period of 15 days and Rigorous Imprisonment for a period of two years for the offence under Section 471 IPC. All the sentence awarded in this case were directed to run concurrently.

(3.) TWO separate substantive sentences were awarded by the learned Additional Chief Metropolitan Magistrate in the aforesaid two different criminal cases. They were not directed to run concurrently. Thereafter, Petitioner filed an application under Section 427 Code of Criminal Procedure before the Additional Sessions Judge, New Delhi, wherein it was prayed that sentences awarded in the two separate cases be directed to run concurrently. This application was dismissed as not maintainable by the learned Additional Sessions Judge, New Delhi, vide order dated 16th February, 2009.