Firoz Chand Khan Pathan (C/9049) vs Deputy Inspector General Of ...
2023 Latest Caselaw 11442 Bom

2023:BHC-NAG:16358-DB

                                                     1



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH, NAGPUR.
                              CRIMINAL WRIT PETITION NO. 445 OF 2023

                            Firoz Chand Khan Pathan, Covict
                            No.C/9049, Aged 36 years, Occ. Nil,
                            Confined at Central Prison, Amravati.
                                                                    ... PETITIONER

                                                 VERSUS


                       1.   Deputy Inspector General of Prison,
                            Eastern Region, Nagpur.

                       2.   The Superintendent, Open Prison,
                            Morshi.

                       3.   The Superintendent, Central Prison,
                            Amravati.

                                                                ... RESPONDENTS
                  _____________________________________________________________
    Corrected as per       Smt. Shweta P. Chavhan, Advocate for the petitioner.
    Court's order dated    Ms. Tripathi, Addl.P.P. for the State.
    07.11.2023.       ______________________________________________________________


                                CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.

DATED : 26.10.2023.

ORAL JUDGMENT : (Per : Vinay Joshi, J.)

RULE. Rule made returnable forthwith.

2. The petitioner has been convicted for the offence

punishable under Section 302 of the Indian Penal Code (IPC) vide

judgment and order dated 30.03.2015 and he is serving the sentence.

The petitioner was transferred from the Open Prison, Morshi to the

Central Prison, Amravati which is impugned herein.

3. The respondent no.2 has filed a reply stating that the

petitioner was caught red handed while accepting articles of food from

outsider, which is in contravention of Rule 13(e) of the Maharashtra

Prisons (Discipline) Rules, 1963. The respondent has also produced the

copies of the statement showing that there was such a misconduct.

According to the respondent, on account of said misconduct, on

administrative ground and for security purpose, he has been transferred

from Open Prison, Morshi to the Close Prison, Amravati. Chapter II of

the Statutory Rules provides that a prisoner who has been transferred

from Open Prion to Close Prison shall not be normally resent to Open

Prison. The alleged act was committed in the month of April, 2023 and

since 07.04.2023 the petitioner is in Close Prison.

4. We do not see any provision precluding to reconsider the

petitioner's urge for re-transfer to the Open Prison nor such a provision

is pointed out. Considering the reason for retransfer, we are not

inclined to interfere in the process of retransfer. However, the

petitioner's case for transfer to Open Prion can be reconsidered after

gap of one year from his transfer to Close Prison.

5. In view of the above, the petition stands disposed of.

                                          (M.W. CHANDWANI, J.)               (VINAY JOSHI, J.)

                                Trupti




Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 09/11/2023 15:10:59