Shaik Chinna Moulali vs The State Of Andhra Pradesh,
2021 Latest Caselaw 998 AP

    IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                    &
            HON'BLE MR. JUSTICE C. PRAVEEN KUMAR



                   WRIT PETITION No.3503 of 2020

                   (Taken up through video conferencing)

Shaik Chinna Moulali,
S/o Shaik Moulali, Aged 46 years,
CT No.2914 in Central Prison, Nellore,
R/o Kothapeta, Bathancherla Village,
Dhone Mandal, Kurnool District, Andhra Pradesh

                                                           .. Petitioner
       Versus

The State of Andhra Pradesh,
Rep by its Principal Secretary,
Home Department, Secretariat,
Velagapudi, Amaravathi,
Guntur District, and others.
                                                         .. Respondents

Counsel for the petitioner : Mr. V. Raghu

Counsel for the respondents : Mr. Y.N. Vivekananda, GP, for Addl. Advocate General-II

ORAL ORDER

Dt: 19.02.2021

per Arup Kumar Goswami, CJ

Heard Mr. V. Raghu, learned counsel for the petitioner.

Also heard Mr. Y.N. Vivekananda, learned Government Pleader

attached to the office of the learned Additional Advocate General-II, for

the respondents.

By filing this petition for a writ of Habeas Corpus, the petitioner,

who is undergoing life imprisonment in Central Prison, Nellore, is

essentially seeking special remission in his favour in accordance with

G.O.Ms.No.6, Home (Paroles) Department, dated 09.01.2019.

Learned counsel for the petitioner submits that in view of the

judgment of the Hon'ble Supreme Court in The Home Secretary

(Prison) v. H. Nilofer Nisha, reported in 2020 SCC OnLine SC 73, in

a matter of the present nature, a writ of Habeas Corpus does not lie. He,

therefore, seeks permission to withdraw this Habeas Corpus petition with

liberty to the petitioner to file an appropriate petition for the relief as

prayed in the present petition.

Mr. Y.N. Vivekananda has no objection to the said course of

action.

Accordingly, this Writ Petition is dismissed as withdrawn with

liberty to the petitioner as prayed for. No costs. Pending miscellaneous

applications, if any, shall stand dismissed.

ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J

IBL

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

WRIT PETITION No.3503 of 2020

(per Arup Kumar Goswami, CJ)

Dt: 19.02.2021

IBL