Allahabad High Court
Bharat Singh vs State Of U.P. on 3 July, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:103404 Court No. - 72 Case :- APPLICATION U/S 482 No. - 29187 of 2024 Applicant :- Bharat Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to set-aside the impugned order dated 09.08.2024 passed by the Additional Chief Judicial Magistrate (Railway), Agra passed in Misc.Application of the applicant and further prayer to direct to run the sentences concurrently awarded to the applicant in Case No.1009 of 2024 arising out of Case Crime No.335 of 2023, under sections 379, 411 I.P.C., Police Station G.R.PO., Agra Cantt., District Agra, Case No.1011 of 2024 arising out of Case Crime No.320 of 2023, under sections 379 & 411 I.P.C., Police Station G.R.P.Agra Cantt., District Agra and Case No.1595 of 2024 arising out of Case Crime No.220 of 2023, under sections 379 & 411 I.P.C. Police Station G.R.P., Agra Cantt, District Agra.
3. Learned counsel for the applicant submitted that applicant has been implicated in the present case alongwith co-accused Preeti and Govind in the following four cases being :-
(i) Case No. 1009 of 2024, Case Crime No. 245 of 2023, U/s 379 & 411 IPC, Police Station G.R.P. Agra Cantt. District Agra.
(ii) Case No. 1010 of 2024, Case Crime No. 335 of 2023, U/s 379 & 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
(iii) Case No. 1011 of 2024, Case Crime No. 320 of 2023, U/s 379, 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
(iv) Case No. 1595 of 2024, Case Crime No. 220 of 2023, U/s 379, 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
4. Trial court framed charges on 23.02.2024 against named accused persons. The applicant confessed on the same date in all four cases and thereafter the Additional Chief Judicial Magistrate (Railway), Agra, convicted the applicant and co-accused persons on 23.02.2024 awarding one month imprisonment and fine of Rs.10,000/- and in default of payment of fine imprisonment of additional 15 days. The applicant claims to have preferred an application before the learned Additional Chief Judicial Magistrate (Railway), Agra, which was decided on 09.08.2024 rejecting the application of the applicant. Learned counsel for the applicant next submits that co-accused Preeti and Govind filed Application u/s 482 Cr.P.C. No.3320 of 2025 (leading)(Preeti vs. State of U.P.) and Application u/s 482 Cr.P.c.No.3324 of 2025 (connected) (Govind vs. State of U.P.), which was decided by coordinate Bench of this Court by order dated 11.02.2025, which is being quoted below:-
"1. Heard Sri Ram Jatan Yadav, learned counsel for the applicant as well as Sri Vikas Sharma, State Law Officer for the opposite party No. 1.
2. Since a common questions of law are involved in the captioned applications, they are being decided by a composite order. A joint statement has been made by the learned counsel for the parties that they do not propose to file any response and the applications be decided on the basis of the documents available on record. With the consent of the parties, the applications are decided at the fresh stage.
3. Facts of the leading application are that the applicant has been implicated in five cases being.-
(i) Case No. 1009 of 2024, Case Crime No. 245 of 2023, U/s 379 & 411 IPC, Police Station G.R.P. Agra Cantt. District Agra.
(ii) Case No. 1010 of 2024, Case Crime No. 335 of 2023, U/s 379 & 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
(iii) Case No. 1011 of 2024, Case Crime No. 320 of 2023, U/s 379, 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
(iv) Case No. 1595 of 2024, Case Crime No. 220 of 2023, U/s 379, 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
(v) Case No. 10544 of 2023, Case Crime No. 282 of 2023, U/s 379 & 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
4. Thereafter, in all the five cases, charges were framed on 23.02.2024 and thereafter he was convicted on 23.02.2024 by the Additional Chief Judicial Magistrate (Railway), Agra while awarding one month imprisonment and fine of Rs. 15,000/- and in default of payment of fine imprisonment of additional 15 days. The applicant claims to have preferred an application on 03.01.2025 before the learned Additional Chief Judicial Magistrate (Railway), Agra praying that the awarded sentence be run concurrently instead of running separately. The said application came to be rejected by virtue of the order dated 09.01.2025.
5. As regards the connected application is concerned in this case the applicant has been implicated in four cases.-
(i) Case No. 1009 of 2024, Case Crime No. 245 of 2023, U/s 379 & 411 IPC, Police Station G.R.P. Agra Cantt. District Agra.
(ii) Case No. 1010 of 2024, Case Crime No. 335 of 2023, U/s 379 & 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
(iii) Case No. 1011 of 2024, Case Crime No. 320 of 2023, U/s 379, 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
(iv) Case No. 1595 of 2024, Case Crime No. 220 of 2023, U/s 379, 411 IPC, Police Station G.R.P. Agra Cantt., District Agra.
6. Thereafter, by virtue of the order dated 23.02.2024, charges were framed in respect of the said cases and on 23.02.2024 in all the four cases the applicant was awarded sentence of one year imprisonment and fine of Rs. 15,000/- in default of payment of fine imprisonment of 15 days, an application came to be filed for awarding sentence to run concurrently in place of running separately which came to be rejected on 09.01.2025.
7. Challenging the said order, the applicants in the leading and in the connected applications have filed the present application.
8. Learned counsel for the applicant has sought to argue that insofar as the leading application is concerned orders of conviction was passed on 23.02.2024 in respect of the five cases to run concurrently, he submits that in view of the provisions contained under Section 427 of the Cr.P.C. as well as the judgment of the Hon'ble Apex Court in the case of Iqram Vs. State of Uttar Pradesh and others 2022 LiveLaw (SC) 1032 and the judgment in application under Section 482 No. 23105 of 2024 (Lovkuch Kushwaha Vs. State of U.P.) decided on 06.08.2024, it was obligatory upon the court below to have exercised its discretion in view of the provisions contained under Section 427(1) Cr.P.C. while directing sentence imposed against the applicant in all the five cases to run concurrently. With regard to the connected application, there are four cases in which an application stood rejected while observing that the conviction should run separately.
9. Learned AGA could not dispute the legal proposition as laid down in the case of Iqram (supra) however, he submits that the order be set aside matter be remanded back to court below to pass a fresh order strictly in accordance with law bearing in mind the judgment so relied upon by the learned counsel for the applicant.
10. Considering the submission of the learned counsel for the applicant, the applications stand partly allowed. The orders impugned dated 09.01.2025 in both the applications are set aside, matter stands remitted back to the Court of Additional Chief Judicial Magistrate (Railway) to decide the same within a period of one month from the date of production of certified copy of the order."
5. Learned counsel for the applicant submits that the applicant's case is similar with co-accused Preeti and Govind.
6. Learned AGA could not dispute legal argument and observation of Hon'ble Apex Court as observed by coordinate Bench while deciding co-accused application.
7. In view of observations made by coordinate Bench of this Court, the applicant's application is allowed. The order passed by learned Chief Judicial Magistrate (Railway), Agra dated 09.08.2024 is set aside. The matter is remanded back to the learned Chief Judicial Magistrate (Railway), Agra to decide the same preferably within a period of one month from the date of production of certified copy of this order.
Order Date :- 3.7.2025 SKD