1ITEM NO.11 COURT NO.13 SECTION X S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 356/2022
ISTHKHAR Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
(IA No. 109599/2022 – EXEMPTION FROM FILING O.T.)
(IA No. 109598/2022 – INTERIM BAIL)
Date : 03-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Pradeep Kumar Yadav, Adv.
Mr. D.k. Thakur, Adv.
Mr. Vishal Thakre, Adv.
Mr. Tota Ram, Adv.
Mr. Sanjeev Malhotra, AOR
For Respondent(s) Mr. Ankit Goel, AOR
UPON hearing the counsel the Court made the following
O R D E R
The instant petition is filed under Article 32 of the Constitution of India seeking Writ of Mandamus to direct the respondents/ State of Uttar Pradesh to release the petitioner prematurely in terms of the policy. In that regard, the Government Policy dated 01.08.2018 relating to the pre-mature release is referred. The petitioner has contended that a representation dated 21.04.2022 filed by the him seeking consideration of his pre-mature release has not been considered and disposed of.
2 The respondents have, on appearance, filed a short reply affidavit referring thereto the details of the period of sentence undergone by the petitioner and the custody certificate (Annexure- R-1) produced thereto, is referred by the learned counsel for the respondent-State of Uttar Pradesh to point out that the actual custody of 14 years has not been completed even for consideration of the representation made by the petitioner. Though the learned counsel for the petitioner seeks to dispute the period of the actual custody undergone, we are afraid that such an exercise to determine the period cannot be undertaken in a petition of the present nature. However, keeping in view the fact consideration with the authorities, the authorities will refer to that the representation dated 21.04.2022 is still pending these aspects of the matter, take note of the actual period of custody undergone by the petitioner and the entitlement or otherwise, and take a decision on the representation one way or the other in accordance with law.
With the said observations and directions, the petition stands disposed of.
Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR