Rekhu @ Rekhchand S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 2028 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       D.B. Criminal Writ Petition (Parole) No. 1535/2021

Rekhu @ Rekhchand S/o Shri Mangelal @ Mangilal, Aged About
26 Years, R/o Village Baleta, Police Station Malakhera, District
Alwar (Raj) (The Petitioner Is Serving His Sentence In Central
Jail Alwar), Through His Father Mangelal @ Mangilal, Aged About
50 Years R/o Village Baleta, Police Station Malakhera, District
Alwar (Raj)
                                                                        ----Petitioner
                                    Versus
1.    State     Of   Rajasthan,        Through         The       Secretary,    Home
      Department         (Gr.      12)      Government             Of     Rajasthan.
      Government Secretariat, Jaipur (Raj)
2.    The Director General Of Prisons, Rajasthan Having Its
      Office At Directorate Prisons, Ghatgate, Jaipur
3.    The District Parole Advisory Committee Alwar, Through Its
      Chairman District Magistrate, Alwar
4.    Superintendent Central Jail, Alwar (Raj)
                                                                  ----Respondents

Connected With D.B. Criminal Writ Petition No. 1509/2021

1. Anant Kumar S/o Shri Shankar Lal Meena, Aged About 38 Years, R/o Village Samor, Dagarwara, Police Station Andhi, Tehsil Jamwa Ramgarh, District Jaipur (Raj) (The Petitioner Is Serving His Sentence In Central Jail Jaipur), Through His Wife Smt. Sonia Meena W/o Anant Kuma Aged 26 Years R/o Village Samor Dagarwara, Police Station Andhi, Tehsil Jamwa Ramgarh, District Jaipur (Raj)

2. Bhagirath S/o Shri Ramswroop, Aged About 37 Years, R/o Village Samor, Dagarwara, Police Station Andhi, Tehsil Jamwa Ramgarh, District Jaipur (Raj) (The Petitioner Is Serving His Sentence In Central Jail Jaipur), Through His Brother In Law Arvind S/o Shri Ramcharan Meena, Aged About 25 Years R/o Village Reta, Tehsil Sikari District Dausa (Raj)

----Petitioners Versus

(2 of 3) [CRLW-1535/2021]

1. State Of Rajasthan, Through The Secretary Home Department (Gr-12) Government Of Rajasthan Government Secretariat, Jaipur (Raj)

2. The Director General Of Prisons, Rajasthan Having Its Office At Directorate Prisons, Ghatgate Jaipur

3. The District Parole Advisory Committee Jaipur, Through Its Chairman District Magistrate Jaipur

4. Superintendent Central Jail, Jaipur (Raj)

----Respondents

For Petitioner(s) : Mr. Anshuman Saxena, Adv. For Respondent(s) : Ms. Rekha Madnani, AGA

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

07/03/2022 These criminal writ petitions have been filed by the

petitioners seeking to challenge the validity of provisions of Rule

of Rajasthan Prisoners Release on Parole Rules, 2021. The Division

Bench at Jodhpur in D.B Criminal Writ Petition No.515/2021 vide

order dated 21.10.2021 directed that the petition be listed before

the appropriate Bench by not treating the same as criminal writ.

In the present criminal writ petitions, the validity of

provisions of Rule of Rajasthan Prisoners Release on Parole Rules,

2021 is under challenge.

In view of the judgment in D.B. Criminal Writ Petition

No.515/2021, the present petitions cannot be treated as Criminal

Writ Petitions and are to be treated as Civil Writ Petitions.

For the purpose of statistics, the present Criminal Writ

Petitions stand disposed.

(3 of 3) [CRLW-1535/2021]

Office to treat the present Criminal Writ Petitions as Civil Writ

Petitions and proceed accordingly.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

PRAVESH/59-60

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