Dr. Mamta Pathak vs The State Of Madhya Pradesh
2025 Latest Caselaw 6822 MP

Madhya Pradesh High Court

Dr. Mamta Pathak vs The State Of Madhya Pradesh on 18 June, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:26020




                                                                  1                           WP-17267-2025
                                IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                      ON THE 18th OF JUNE, 2025
                                                  WRIT PETITION No. 17267 of 2025
                                                   DR. MAMTA PATHAK
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                Petitioner-in-person - absent.
                                Shri Swapnil Ganguly - Deputy Advocate General for State.

                                                                      ORDER

The petitioner has filed this petition, who was confined in jail in pursuance to the judgment dated 29.06.2022 passed in Sessions Trial No.84 of 2021 by the Third Additional Sessions Judge, Chhatarpur whereby she has been convicted under Section 302 of IPC and sentenced to life imprisonment, for shifting her to open jail as her son is not in a position to carry out his day to day activities as well as the fact that the petitioner is also suffering from various ailments.

2. The petitioner has already moved applications to the respondents No.1 and 2 which are pending consideration and have not yet been decided. The prayer made in the writ petition is to direct the respondents to allow her to serve the remainder of her sentence in Open Jail at Netaji Subhash Chandra Bose Central Jail, Jabalpur in event her criminal appeal being Criminal Appeal No.6016 of 2022 is not allowed in the interest of justice.

3. Learned Deputy Advocate General appearing for the State has

NEUTRAL CITATION NO. 2025:MPHC-JBP:26020

2 WP-17267-2025 submitted that the applications made to the respondents No.1 and 2 will be considered expeditiously and a final decision will be taken on the aforesaid applications.

4. Considering the overall facts and circumstances of the case, this Court deems it appropriate to direct the respondents No.1 and 2 to dwell upon the applications submitted by the petitioner and pass a self contained speaking order within a period of 30 days from the date of receipt of certified copy of this order taking note of the fact that the child of the petitioner is not a position to carry out his day to day activities as well as the fact that the petitioner is also suffering from several ailments.

5. A copy of the order be sent directly to the respondents No.1 and 2.

6. This Court has not expressed any opinion on the merits of the case. It is for the respondents No.1 and 2 to evaluate the merits as well as the facts mentioned in the applications.

7. Learned Deputy Advocate General to inform the petitioner regarding passing of this order.

8. The writ petition stands disposed off in above terms.

(VISHAL MISHRA) JUDGE

THK