ANASURI SIMHADRI Vs. SUPERINTENDENT CENTRAL PRISON RAJAHMUNDRY
LAWS(APH)-1992-9-65
HIGH COURT OF ANDHRA PRADESH
Decided on September 23,1992

ANASURI SIMHADRI Appellant
VERSUS
SUPERINTENDENT, CENTRAL PRISON, RAJAHMUNDRY Respondents

JUDGEMENT

- (1.)This is an application filed under S. 482, Cri.P.C. by the accused in C.C. Nos. 61/91; 62/91 and 63/91 on the file of the IV Addl. Judicial First Class Magistrate, Kakinada requesting the Court for issue of a direction that the sentences of imprisonment awarded to him in the said three cases should run concurrently. The facts giving rise to the filing of this petition are in brief as follows : On 30th March, 1991, 31st March, 92 and 5/04/1991 theft of cycles took place. In respect of each theft, report was given to the police and the police registered them as Crime Nos. 21/91, 22/91 and 23/91 respectively. Subsequently during investigation, the petitioner herein was arrested on suspicion and at his instance the three cycles that were stolen were recovered at one time. The Police filed three separate charge-sheets for offences under sections 379 and 411, IPC. They were registered as C.Cs. Nos. 61/91, 62/91 and 63/91.
(2.)There was no material to connect the accused with the commission of theft. So, charges under S. 411, IPC were framed in each case. The petitioner pleaded guilty. The learned Magistrate accepted the plea as true and voluntary convicted the petitioner for offence under S. 411, IPC and sentenced him to suffer rigorous imprisonment for a period of two years in each case. Aggrieved by that the petitioner filed Cri. A. in Cri A. Nos. 348/91 and 349/91 before the III Addl. Sessions Judge, Kakinada. The learned Sessions Judge dismissed all the three appeals confirming the conviction and sentences awarded to the petitioner. It is under these circumstances, the petitioner has filed this application under S. 482, Cr.P.C.
(3.)So, the point that arises for consideration is whether the sentences of imprisonment awarded to the petitioner in C.C. Nos. 61/91, 62/91 and 63/91 should be ordered to run concurrently.
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