SC: HC u/s 482 CrPC can’t add to, alter or modify an order affirmed by SC

The Hon’ble Supreme Court, on 14th October 2019, in the matter of State of Punjab v. Ranjit Kaur observed that the inherent power of the High Court under Section 482 of the Code of Criminal Procedure does not enable the High Court to alter, add to, modify or vary any order that has been affirmed by the Supreme Court.

The Hon’ble Supreme Court observed that:

Section 427 of the Code of Criminal Procedure provides that when a person undergoing a sentence of imprisonment is sentenced, on a subsequent conviction, to imprisonment, such imprisonment is to commence at the expiration of the imprisonment to which he has previously been sentenced, unless the Court directs that the subsequent sentence shall run concurrently. (Para 3)

The inherent power of the High Court under Section 482 of the Code of Criminal Procedure to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice, does not enable the High Court to alter, add to, modify or vary any order that has been affirmed by the Supreme Court. (Para 6)

Copy of order:Order_14-Oct-2019

-Adv. Tushar Kaushik

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