Mukesh Singh And Ors. vs State Of U.P. Thru Prin. Secy. Jail ...
2022 Latest Caselaw 7940 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8445 of 2020
 

 
Petitioner :- Mukesh Singh And Ors.
 
Respondent :- State Of U.P. Thru Prin. Secy. Jail Admin And Reforms And Ors.
 
Counsel for Petitioner :- Ravindra Kumar Dwivedi,Ravindra Kumar Dwivedi,Shalini Chauhan
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

This writ petition has been filed by the petitioners praying for the following reliefs:-

"i) By an appropriate writ, order or direction the respondents may be directed to consider the premature release of the petitioners as per para 2(Kha) of the guidelines dated 1.8.2018 in accordance with the recommendation of the Superintendent Adarsh Jail Lucknow dated 31.10.2019 as was done in the case of Ram Prakash Singh son of Muneswar at S.No.20 of the list of 30 persons, who were to be released on Republic Day (26 January, 2020) at an early date.

ii) By a further appropriate writ order or direction without prejudice to above in case any consideration was made on the recommendation dated 31.10.2019 favour/against the petitioners in violation of Article 14 of the Constitution of India the same may be reconsidered in view of the provisions of Sections 432 and 433 Cr.P.C. as on the date of conviction of the petitioners premature released was applicable or as per the guide lines now issued by the Uttar Pradesh Government dated 1.8.2018 as per para 2(Kha) on the recommendation of the Superintendent Adarsh Jail Lucknow dated 31.10.2019 and the respondents may be directed to decide the matter within a reasonable period for early release of the petitioners prematurely as per the judgments of the Supreme Court liberal to the petitioners.

iii) Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the petitioners.

iv) Costs of this writ petition may be awarded in favour of the petitioners.

v) By an appropriate writ Hon'ble Court direct to Director General of Jail administration and reform services for premature release of petitioners (representation dated 29.5.2020 Annexure-5)."

It appears that by efflux of time, the instant writ petition has become infructuous.

Accordingly, the present writ petition is dismissed as infructuous.

Interim order, if any, stands vacated.

However, it is open for the petitioner to move an appropriate application within two months from today, if the matter survives.

(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)

Order Date :- 25.7.2022

Arnima