Kalicharan S/O Paltu Singh vs The State Of Mah. Thr. Addl. ...
2022 Latest Caselaw 12518 Bom

                                   1                    wp753.2022

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH : NAGPUR

         CRIMINAL WRIT PETITION NO.753/2022



Kalicharan S/o Paltu Singh,
age 47 Yrs., Occ. Nil, presently
incarcerated in Central Prison,
Nagpur, Convict No.C-10910.                    ...     Petitioner .
      - Versus -
1.   The State of Maharashtra,
     through Additional Director
     General of Police Prisons and
     Correctional Services, Pune 440 001.

2.   The Deputy Inspector General of
     Police (Prison), East Division,
     Central Prison, Nagpur.

3.   The Superintendent of Prison,
     Central Prison, Nagpur, Wardha
     Road, Nagpur.                             ...   Respondents.
            -----------------
Mr. J.S. Chilotra, Advocate for the Petitioner.
Mr. I.J. Damle, A.P.P. for Respondent Nos.1 to 3.

            ----------------

            CORAM : SUNIL B. SHUKRE AND
                    M. W. CHANDWANI, JJ.

DATE : 2.12.2022 2 wp753.2022

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard

finally by consent of learned counsel for the parties.

2. By this petition, the petitioner has raised his grievance for

not providing him the telephone facility to talk to his family

members.

3. During the pendency of this petition, as seen from the reply

of the respondents, telephone facility has been provided to the

petitioner.

4. Learned counsel for the petitioner submits that it was only

after the notice was issued by this Court, the telephone facility is

provided to the petitioner. He submits that petitioner being from

a weaker section of the society has been belatedly provided the

telephone facility. The reply does not directly clarify the belated

providing of telephone facility to the petitioner. However, it 3 wp753.2022

impliedly gives some explanation in this regard which is to be

found in paragraphs 4 and 5 of the reply. It appears that before

telephone facility is provided to a prisoner, verification regarding

the correctness of the telephone numbers provided by the

prisoner as per applicable norms is required to be done. It is

further seen that this process has taken some time. The

respondents received police verification in this regard on

18.11.2022 and thereafter telephone facility was provided to the

petitioner on 24.11.2022. Thus, we find no substance in the

argument of learned counsel for the petitioner that prison

authorities are discriminating against the poor and backward

prisoners. The petition now being rendered infructuous, it is

disposed of accordingly. Rule discharged.

(M. W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.)

Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:02.12.2022 18:29