Neutral Citation No. - 2025:AHC:110244 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39337 of 2024 Applicant :- Jamil Kapadiya Opposite Party :- State of U.P. Counsel for Applicant :- G.S. Chauhan,Kamta Prasad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the order dated 02.07.2024 passed by learned Chief Judicial Magistrate, Hamirpur by which the application dated 03.06.2024 in Criminal Case No. 206 of 2019 (State Vs. Jamil Kapadiya), arising out of Case Crime No. 219 of 2018 Under sections 380, 457, 411 IPC, Police Station- Biwaar, District Hamirpur has been rejected. 3. Learned counsel for the applicant submits that vide order dated 30.05.2020, applicant has been sentenced for four years under Section 380 I.P.C. and three years under Section 411 I.P.C. with following observation:- " अभभययक कक अनय मयकदमम मम जकल मम भनरद हहनक कक समबनध मम अभभययक ददरद वररमदन प करण मम पपवर मम जकल मम भबरदई गयय अवधध कक सदथ समदयहधजर भकयद जदयकगद। सभय सजदयम सदथ- सदथ चलकगग। " 4. Counsel for the applicant submits that in earlier criminal proceeding registered as Case Crime No.1380 of 2011, U/s 307/34 I.P.C., convicted and sentenced for 7 years with rigorous imprisonment and penalty by order dated 06.03.2019, applicant has completed the conviction period on 05.07.2023. The C.J.M., on 30.05.2020, has passed the order that present period shall run concurrently with the sentence passed in other offences and he moved application in this regard before the C.J.M. concerned. The C.J.M., vide order dated 02.07.2024 rejected the application of the applicant observing that the applicant has been convicted in earlier criminal proceedings vide conviction order dated 06.03.2019 and his conviction period would complete on 04.07.2023. Thereafter, the present sentence period shall start. Counsel for the applicant submits that the trial court vide order dated 30.05.2020 clearly stated that the conviction period of all the cases shall run concurrently. The order dated 02.07.2024 is illegal, arbitrary and is liable to be quashed. 5. Per contra, learned AGA has opposed the argument raised by the counsel for the applicant and submitted that as in provision provided U/s 427 Cr.P.C. sentence on subsequent conviction shall commence at the expiration of previous sentence, unless the court directs that the subsequent sentence shall run concurrently. On perusal of judgement dated 30.05.2020, court has not passed any such order. Present application has no force. 6. Considered the argument raised by counsel for the applicant. The order dated 30.05.2020 is not clear to the effect that present sentence shall run concurrently with the previous one. In absence of observation by the Court in its judgment, period shall be considered in view of Section 427 Cr.P.C. Submission raised by counsel for the applicant having no force. 7. No interference is warranted by this Court. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 10.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad