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Documents citing R. P. Kapur vs The State Of Punjab on 25 March, 1960

Shersingh vs State Of M.P. on 16 December, 1988

It distinguished the Full Bench decision of the Delhi High Court in Gopal Dass v. State 1978 Cri LJ 961 (supra) holding that the Supreme Court neither in R. P. Kapur v. State of Punjab 1960 Cri LJ 1239 nor in Palaniappa Gounder v. State of Tamil Nadu 1977 Cri LJ 997 (SC) (supra) has gone to the extent in laying down that the inherent powers cannot be exercised at all in such circumstances. The Division Bench also mentioned that it may be that the subsequent convicting Court was not apprised about the existence of the previous sentence. At any rate ordering of sentence to run concurrently does not amount to altering the finding. It may be noted that Section 31 of the Code provides for ordering the .sentences to run concurrently in a given case. Likewise, under Section 427 while awarding a sentence in a subsequent case in respect of the person who is already undergoing sentence in previous case, a discretion is given to the subsequent convicting Court to give such a direction and order the sentence to run concurrently with the previous sentence.
Madhya Pradesh High Court Cites 29 - Cited by 0 - Full Document

Zaki Ur Rahman Siddiqui vs State Of U.P. And Another on 30 September, 2022

18. It has been held by the Apex Court in the cases of R.P. Kapur Vs. State of Punjab : AIR 1960 SC 866; State of Haryana and Ors. Vs. Bhajan Lal and Others : 1992 Supp (1) SCC 335; State of Bihar Vs. P. P. Sharma : 1992 Supp (1) SCC 222; Trisuns Chemical Industry Vs. Rajesh Agarwal and Ors. : (1999) 8 SCC 686; M. Krishnan Vs. Vijay Singh & Anr. : (2001) 8 SCC 645; Zandu Pharmaceuticals Works Ltd. Vs. Mohammd Shariful Haque : (2005) 1 SCC 122; M. N. Ojha Vs. Alok Kumar Srivastava : (2009) 9 SCC 682; Joseph Salvaraj A. Vs. State of Gujarat and Ors. : (2011) 7 SCC 59; Arun Bhandari Vs. State of Uttar Pradesh and Ors. : (2013) 2 SCC 801; Md. Allauddin Khan Vs. State of Bihar : (2019) 6 SCC 107; Anand Kumar Mohatta and Anr. Vs. State (NCT of Delhi), Department of Home and Anr. : (2019) 11 SCC 706; Rajeev Kourav Vs. Balasaheb & others : (2020) 3 SCC 317; Nallapareddy Sridhar Reddy Vs. The State of Andhra Pradesh : (2020) 12 SCC 467, that exercise of inherent power of the High Court under Section 482 of the Code of Criminal Procedure is an exceptional one. Great care should be taken by the High Court before embarking to scrutinize the complaint/FIR/charge-sheet in deciding whether the rarest of the rare case is made out to scuttle the prosecution in its inception.
Allahabad High Court Cites 79 - Cited by 0 - S Gopal - Full Document

Sunder Lal Dada vs State Of U.P. on 5 July, 2024

The submissions made by learned counsel for the applicants relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.)
Allahabad High Court Cites 8 - Cited by 0 - R Misra - Full Document

Arun Kumar Verma And Another vs State Of U.P. And 11 Others on 5 July, 2024

The submissions made by learned counsel for the applicants relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.)
Allahabad High Court Cites 8 - Cited by 0 - R Misra - Full Document

In Re : Nakul Bera @ Nakul Chandra Bera vs State Of Mp1 And Bihari Lal Vs. State Nct ... on 3 April, 2023

It distinguished the Full Bench decision of the Delhi High Court in Gopal Dass v. State 1978 Cri LJ 961 (supra) holding that the Supreme Court neither in R. P. Kapur v. State of Punjab (1960 Cri LJ 1239) nor in Palaniappa Gounder v. State of Tamil Nadu 1977 Cri LJ 997 (SC) (supra) has gone to the extent in laying down that the inherent powers cannot be exercised at all in such circumstances. The Division Bench also mentioned that it may be that the subsequent convicting Court was not apprised about the existence of the previous sentence. At any rate ordering of sentence to run concurrently does not amount to altering the finding. It may be noted that Section 31 of the Code provides for ordering the .sentences to run concurrently in a given case. Likewise, under Section 427 while awarding a sentence in a subsequent case in respect of the person who is already undergoing sentence in previous case, a discretion is given to the subsequent convicting Court to give such a direction and order the sentence to run concurrently with the previous sentence.
Calcutta High Court (Appellete Side) Cites 34 - Cited by 0 - Full Document

Chalasani Srinivas vs The State Of Ap on 24 February, 2025

17. In view of the same, this Court is of the opinion that if the criminal proceedings are continued against the petitioners herein, it would amount to abuse of process of law. Even as per the principle No.1 of the principles laid down in R.P. Kapur v. State of Punjab (1st Supra) if continuance of criminal proceedings against an accused may amount to the abuse of the process of the court or that the quashing of the impugned proceedings would secure the ends of justice, the Court can exercise power under Section 482 of Cr.P.C. and quash the proceedings. Applying the said principle to the present facts of the case and keeping in view the above discussion, I find that it is a fit case to quash the proceedings.
Andhra Pradesh High Court - Amravati Cites 16 - Cited by 0 - Full Document
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