Bombay High Court
Shiv S/O Kisanlal Katare vs State Of Mah. Thr. Deputy ... on 17 February, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
1 15-J-WP-481-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 481 OF 2022
PETITIONER : Shiv s/o Kisanlal Katare,
C-6656, Aged about 46 Years,
detained in Central Prison Nagpur
(Presently in Jail).
VERSUS
RESPONDENTS : 1. State of Maharashtra
Through Deputy Inspector General
Prisons (Eastern Region), Nagpur.
2. Superintendent of District Prison,
Seoni, District - Madhya Pradesh.
(Added as per order 3. Superintendent of Central Prison,
dated 22/7/22) Nagpur.
(Added as per order 4. State of Maharashtra
dated 06/10/22) Through Secretary of Home
Department, Mantralaya,
Mumbai.
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Ms. Radha Mishra, Advocate (Appointed) for petitioner.
Ms. N. R. Tripathi, Additional Public Prosecutor for respondent Nos.1, 3
and 4.
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CORAM:- VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATED : 17/02/2023.
ORAL JUDGMENT : (PER VINAY JOSHI, J.) :
1. Rule. Rule made returnable forthwith. Heard finally
with the consent of learned counsel appearing for the parties.
2. The petitioner has been convicted for the offence
punishable under Section 302 of the Indian Penal Code in Sessions
2 15-J-WP-481-22.doc
Trial No.187/2003 vide Judgment and order dated 04/02/2005
passed by Additional Sessions Judge, Nagpur. Initially, the
petitioner was in District Prison, Chandrapur from where he has
been transferred to Central Prison, Nagpur on 13/08/2016 and
since then, he is at Central Prison, Nagpur.
3. The petitioner hails from District Seoni (M.P.) where his
entire family is staying. Since petitioner is at Nagpur, his family
members are unable to meet, due to geographical distance and
financial constrains. Therefore, the petitioner applied for his
transfer to District Prison, Seoni (Madhya Pradesh) on
28/04/2019. However, till date, he has not been transferred.
Hence, the petition.
4. The State has filed reply stating that they have received
transfer proposal. As per Rules, they have sought verification
report from District Women and Children Welfare Department,
Seoni, Madhya Pradesh vide letter dated 15/11/2019. It is
submitted that till date, report has not been received and
therefore, the jail authorities are not in a position to process the
proposal.
5. Prima facie, we do not find any reason to suspect the
petitioner's urged for transfer. The Superintendent, Central Prison,
3 15-J-WP-481-22.doc
Nagpur has called verification report vide communication dated
15/11/2019 of which copy has been produced. It is sorry state of
affairs that for three years, even the concerned authority has not
forwarded verification report which has virtually stalled the entire
process.
6. In view of the above, respondent No.3 -
Superintendent, Central Prison, Nagpur shall send the reminder
within two weeks along with order of this Court calling the report.
We hope and expect that the concerned District Women and
Children Welfare Department, Seoni, (Madhya Pradesh) would
submit the report within two weeks from the receipt of
communication, failing which this Court would be constrained to
pass the appropriate orders, if occasion arises so. On receipt of
report, the authority shall process the transfer application
expeditiously.
7. With the above directions, petition stands disposed of.
[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.]
Choulwar
VITHAL Digitally signed by VITHAL
MAROTRAO CHOULWAR
MAROTRAO Date: 2023.02.21 17:50:26
CHOULWAR +0530
