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Neutral Citation No. - 2025:AHC:11506-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 19052 of 2024 Petitioner :- Mubarak Ali Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Araf Khan,Lihazur Rahman Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Shri G.P. Singh, learned AGA-1 for the State respondents.
2. The instant writ petition has been preferred for a direction to respondent no.1 to decide the 'Form-A' (premature release) in respect of the petitioner with all consequential benefits in the light of judgment in Rashidul Jafar @ Chota v. State of Uttar Pradesh & Anr., 2022 SCC OnLine SC 1201.
3. While entertaining the writ petition on 23.10.2024, the respondents were asked to file response in the matter.
4. Today, learned AGA-1 has placed an affidavit of Director General of Police/ Inspector General, Jail Administration & Reform Services, Uttar Pradesh, Lucknow, which is taken on record. On the strength of the affidavit, he submits that premature release application of the petitioner is pending consideration before the competent authority. He prays for some further time so that the fate of the said application be apprised on the next date.
5. Considering the facts and circumstances as well as the affidavit filed today, we are not inclined to keep the matter pending
consideration. Without expressing any opinion on merits of the case, we dispose of the writ petition with observation that in case there is no other impediment, the competent authority shall decide the aforesaid application of the petitioner in accordance with law expeditiously and preferably within two months from the date of production of certified copy of this order.
Order Date :- 23.1.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad