Pooran Singh S/O Shri Ramsingh vs State Of Rajasthan
2022 Latest Caselaw 2282 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Writ Petition No. 131/2022

Pooran Singh S/o Shri Ramsingh, R/o Golya, Police Station
Lalsot, District Dausa (Raj.) ( At Present In District Jail,
Shyalawas, Dausa ) Through His Elder Brother Nand Singh
Rajput S/o Shri Ram Singh Rajput Aged Abour 42 Years, R/o
Lalpura, Tehsil Lalsot, District Dausa (Raj.)
                                                                      ----Petitioner
                                     Versus
1.      State    Of   Rajasthan,         Through        The       Secretary,    Home
        Department, Secretariat, Jaipur.
2.      Prisoners Open Air Camp Advisory Committee, Through
        Its Chairman, Director General Of Prisons, Directorate
        Prisons, Rajasthan Ghatgate, Jaipur ( Raj.)
3.      Director      General       Of      Prisons,        Directorate        Prisons
        Rajasthan, Ghatgate, Jaipur.
4.      Superintendent District Jail, Shyalawas, Dausa.
                                                                   ----Respondents

For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

11/03/2022

By way of this petition, petitioner seeks for following reliefs:-

"1) To quash and set aside the proceeding of meeting/order dt.15.7.2021 (Annexure-1) passed by the Prisoners Open Air Camp Advisory Committee in its meeting qua the petitioner.

2) To direct the non-petitioners to shift/transfer the petitioner Pooran Singh S/o Shri Ram Singh from District Jail, Shyalawas, Dausa to Open Air Camp immediately.

(2 of 2) [CRLW-131/2022]

3) To call for the record from the non-petitioners pertaining to the present matter.

4) To pass any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner."

Learned counsel for the petitioner submits that application

filed by the petitioner for shifting Open Air Camp was arbitrarily

rejected by the respondents vide order dt. 15.7.2021.

Learned counsel for the petitioner has relied on the judgment

of this court in D.B. Civil Writ Petition No.437/2013 (Pyare Lal vs.

The State of Raj. & anr.) and submitted that as per legal position

Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 has

been interpreted as "not necessarily". So, application filed by the

petitioner has to be accepted by the respondents. Learned counsel

for the petitioner also submits that in view of the above,

respondents be directed to accept and consider the application

filed by the petitioner for his transfer to Open Air Camp in

accordance with law and in case he otherwise eligible, as early as

possible, but not later than a period of six weeks from the date of

receipt of copy of this order.

Registry is directed to send a copy of this order for

compliance to the Superintendent District Jail, Shyalawas, Dausa.

The petition stands disposed of.

(NARENDRA SINGH DHADDHA),J

Brijesh 108.

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