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Issues: Whether the High Court, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, can direct that sentences awarded in two different cases shall run concurrently under Section 427 of the Code of Criminal Procedure, 1973.
Analysis: Section 482 preserves the inherent powers of the High Court to make orders necessary to give effect to orders under the Code, to prevent abuse of the process of any court, and to secure the ends of justice. The power is wide, but it is to be exercised sparingly and with caution, depending on the facts of each case. The scheme of Section 427 ordinarily contemplates consecutive sentences, but discretion exists to direct concurrency where justice so requires. If the trial court, appellate court, or revisional court has failed to consider or properly exercise that discretion, and the omission results in injustice, the High Court may intervene under Section 482 to rectify the error.
Conclusion: The High Court can invoke Section 482 of the Code of Criminal Procedure, 1973 to direct concurrency of sentences under Section 427 of the Code of Criminal Procedure, 1973 where the lower court has failed to exercise or has improperly exercised the discretion and intervention is necessary to secure the ends of justice.