Madhya Pradesh High Court
Aneesha Begam vs The State Of Madhya Pradesh on 11 July, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:30996
1 WP-25991-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 11th OF JULY, 2025
WRIT PETITION No. 25991 of 2025
ANEESHA BEGAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Raghubansh Prasad Pandey - Advocate for petitioner.
Shri Suyash Thakur - Govt. Advocate for respondents/State.
ORDER
This petition is filed seeking the following reliefs :
(i) Issue a writ in the nature of mandamus directing the respondents to
consider the case of the petitioner's brother for remission of sentence in
accordance with the law, particularly under Section 432 of the Code of
Criminal Procedure, 1973 and Section 473 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, and in light of the judgment dated 18.02.2025
passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Crl.)
No. 4 of 2021; & order dated 22.09.2022 of State Govt. of M.P.
Department of Jail Mantralaya,
(ii) Issue a writ of mandamus to respondents to direct the respondents
to decide the petitioner's application for remission in a time-bound
manner, after affording due opportunity of hearing and by adhering to
the statutory provisions and guidelines laid down by the Hon'ble
Supreme Court;
(iii) Issue a writ of mandamus, directing the respondents to summon the
entire records and furnish a certified copy of the complete case file
pertaining to the petitioner's brother, Munauar @ Mukundi Khan, son
of Mustafa Khan, resident of Barhi, Police Station Barhi, District Katni
(M.P.), who is presently undergoing life imprisonment (Prisoner No.
7671/2005) at Central Jail, Jabalpur, including a copy of the judgment
dated 21.08.1986 passed in S.T. No. 101/1983 by the Court of
Additional Sessions Judge, Murwara, District Katni (M.P.);
(iv) Issue a writ of mandamus, directing Respondent No.5 to provide
the complete information and documents as sought by the petitioner
NEUTRAL CITATION NO. 2025:MPHC-JBP:30996
2 WP-25991-2025
under the Right to Information Act, 2005, through RTI application
dated 28.05.2025, along with the enclosures. therein relating to the
petitioner's brother, Prisoner No.7671/2005.
(v) Any other appropriate writ order or direction which this Hon'ble
Court may deem fit:
2. State counsel has uploaded some documents in the reference column of
ERP software, pointing out the fact that the application filed by the
petitioner, who happens to be the sister of one Munauar @ Mukundi Khan
who is a convict and is undergoing life imprisonment in Central Jail
Jabalpur, seeking remission was considered by the authorities and the same
has been rejected on 04.07.2025. The relevant is as under :
"द ड या सं हता 1973 क धारा 433 ए क प रिध म आने वाले आजीवन
कारावास से दं डत कं डका (2) म व णत ितबंिधत धाराओं के बं दय
को छोड़कर कं डका (3) (तीन) "भादवी 1860 क धारा 396 के तहत डकैती के
साथ ह या के दोषी बं दय को 20 वष का वा त वक कारावास एवं प रहार
स हत 25 वष पूण करने पर रहाई क पा ता होगी"
....
45. मुकंद खान पु मु तफा खान : शासन आदे श दनांक 22-09-2022 क
कं डका मांक 3 के बंद ु मांक 3 के अनुसार वा त वक सजा 20 वष एवं
प रहार स हत 25 वष पूण नह ं करने पर रहाई/सजा म छूट क अनुशंसा नह ं
क गई है : वतमान म रहाई हे तु अपा "
3. In view of the aforesaid, the application filed for seeking remission has
been considered and rejected; therefore, no relief can be extended to the
petitioner to that extent. As far as the relief regarding furnishing of
information under the Right to Information Act is concerned, the petitioner
has not paid the requisite stamp duty, therefore, she is directed by the
authorities to pay the stamp duty in order to to collect the relevant
information. Hence, the second relief cannot be granted.
4. Insofar the third relief as claimed by the petitioner regarding meeting
rights with the accused/convict is concerned, the authorities have already
apprised the petitioner and her name has already been considered and
included in the list of the visitors and she will be permitted to meet the
NEUTRAL CITATION NO. 2025:MPHC-JBP:30996
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convict subject to the rules and regulations and consent by the inmates.
5. Under these circumstances, all the reliefs claimed by the petitioner are
virtually redressed; therefore, nothing survives for consideration. However,
the petitioner is at liberty to challenge the order rejecting the application for
grant of remission in appropriate proceedings.
6. In above terms, the petition is disposed of finally. No order as to costs.
(VISHAL MISHRA)
JUDGE
VV
