Uttarakhand High Court
WPCRL/18/2022 on 23 May, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
23RD MAY, 2022
CRIMINAL WRIT PETITION NO.18 of 2022
Between:
Smt. Madhumani Tripathi ...Petitioner
and
State of Uttarakhand and Others. ...Respondents
Counsel for the Petitioner : Mr. D.K. Sharma,
learned Senior Advocate
assisted by Mr. Maneesh
Bisht with Mr. Anand
Kumar Pandey, learned
counsel.
Counsel for the State/ : Mr. S.S. Adhikari, learned
Respondents Deputy Advocate General
assisted by Mr. B.S.
Thind, learned Brief
Holder for the State.
Hon'ble Alok Kumar Verma,J.
The petitioner is a convict. She was sentenced to
undergo imprisonment for life. Her criminal appeal (Criminal
Appeal No.529 of 2007) was dismissed by this High Court on
16.07.2012.
2. After serving more than 18 years, including
remission, in jail, the petitioner had moved a representation
for granting the benefit under Section 432 of the Code of
Criminal Procedure, 1973 before the Remission Committee,
constituted by the Uttar Pradesh Government, which
referred the matter to the State of Uttarakhand for its
consideration. But, the State of Uttarakhand had not
considered her matter. Therefore, she had filed a Writ
Petition (WPCRL No.232 of 2021) under Article 226 of the
Constitution of India for issuance of a writ in the nature of
mandamus commanding the respondents to release the
petitioner in terms of the provisions contained under
Sections 432, 433 and 433A of the Code of Criminal
Procedure, 1973.
3. The Co-ordinate Bench of this High Court disposed
of the said WPCRL No.232 of 2021 on 05.05.2021 with the
direction that in case, the writ petitioner moves an
application seeking remission under the Cr.P.C., the
"appropriate Committee", constituted by the State
Government will consider and decide the same, strictly in
accordance with law, as early as possible, preferably within
45 days from the date all necessary formalities are complete
which are required to be made in this regard.
4. The State of Uttarakhand has issued a
Government Order No.428/chl&4/2017-1(17)/ 2009 T.C.
dated 21.06.2017 regarding to grant pardon, reprieves,
respites or remissions of punishment, and, to suspend, remit
or commute the sentence. The State of Uttarakhand has
also issued a "Permanent Policy, 2021". After considering
the representation of the petitioner dated 11.05.2021, filed
under Article 161 of the Constitution of India and Section
433 of the Code of Criminal Procedure, 1973, it was found
that the case of the petitioner does not fall under the said
Government Order dated 21.06.2017 and under the
Permanent Policy, 2021, the said representation of the
petitioner has been rejected on 12.07.2021, hence, this writ
petition.
5. The present petition has been filed with the
following reliefs:-
(i) Issue a writ, order or direction, in the nature of
mandamus commanding the respondents to
release the petitioner subject to the satisfaction of
this Court or any other court designated by it.
(ii) Issue a writ, order or direction, in the nature
of certiorari quashing the impugned order dated
12.07.2021. (Annexure No.4).
(iii) Issue a writ, order or direction, which this
Court may deem fit and proper under the
circumstances of the case.
6. Heard Mr. D.K. Sharma, learned Senior Advocate
assisted by Mr. Maneesh Bisht with Mr. Anand Kumar
Pandey, learned counsel for the petitioner and Mr. S.S.
Adhikari, learned Deputy Advocate General assisted by Mr.
B.S. Thind, learned Brief Holder for the State.
7. The learned Senior Advocate appearing for the
petitioner has relied upon a judgment dated 13.05.2022 of
the Hon'ble Supreme Court, passed in Writ Petition (CRL.)
NO(S).135 of 2022, "Radheshyam Bhagwandas Shah
alias Lala Vakil vs. State of Gujarat & Another", and,
requested that this Criminal Writ Petition may be disposed of
in view of the aforesaid judgment of the Hon'ble Supreme
Court, passed on 13.05.2022, with liberty to file a fresh
petition before "the appropriate Government".
8. The learned counsel for the State has no
objection.
9. This Criminal Writ Petition (No.18 of 2022) is
disposed of accordingly. The petitioner is free to move a
representation before the appropriate Government in
accordance with law.
___________________
ALOK KUMAR VERMA, J.
Dt: 23.05.2022
JKJ/Neha
