Kamla W/O Late Shri Cheetarmal ... vs State Of Rajasthan
2022 Latest Caselaw 1435 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           D.B. Criminal Writ Petition (Parole) No. 79/2022

Kamla W/o Late Shri Cheetarmal Saini, Aged About 46 Years,
R/o Dhani Bhopali Tan-Chirana, Police Station Udaipurwati Tehsil
Nawalgarh District Jhunjhunu Through Her Son Anvesh Mitawa
S/o Late Shri Cheetarmal Saini About 23 Years R/o Dhani
Bhopali,     Tan-Chirana       Police       Station         Udaipurwati    Tehsil
Nawalgarh, District Jhunjhunu.
                                                                    ----Petitioner
                                    Versus
1.      State of Rajasthan, Through Inspector General Prison
        Jaipur.
2.      The Superintendent Central Jail Jaipur, District Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Babu Lal Saini, Advocate For Respondent(s) : Ms. Rekha Madnani, Additional Government Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

10/02/2022

This petition has been filed by the petitioner seeking

issuance of direction for grant of emergent parole to the petitioner

on the ground that his cousin is getting married.

We find that the application for grant of parole has been

moved directly before this Court without moving application before

the competent authority as provided under the Rajasthan

Prisoners Release on Parole Rules, 2021.

The writ petition directly moved in the High Court for grant

of parole without moving any application before the competent

authority is not maintainable.

(2 of 2) [CRLW-79/2022]

The petitioner, if intended to seek emergent parole, ought to

have approached the concerned authority under the Act.

Therefore, the petition is not maintainable and the same is

dismissed, however, with liberty to move appropriate application

for grant of emergent parole before the competent authority under

the Rules.

(ANOOP KUMAR DHAND),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /71

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