Neutral Citation No. - 2025:AHC:25055-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1254 of 2025 Petitioner :- Khemraj Singh @ Khem Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Satish Sharma Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Mr. Satish Sharma, learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the material brought on the record. 2. This Court while entertaining the instant matter on 31.1.2025 has proceeded to pass the order with following effects:- "1. Heard Shri Satish Sharma, learned counsel for the petitioners and Shri Pradeep Kumar Jaiswal, learned A.G.A. for the State respondents. 2. This writ petition is preferred praying for the following principal relief: "(i) Issue, a writ, order or direction in the nature of mandamus commanding /directing the Respondents to comply the order dated 2.1.2023 passed by Hon'ble Supreme Court in Writ Petition(s)(Criminal) No.(s). 254 of 2022 (Mini Badhree & Anr. Vs. The State of Uttar Pradesh and Anr.). (Annexure No. 2 to the writ petition. (ii) Issue, a writ, order or direction in the nature of mandamus commanding /directing the respondents to release the petitioner no 1/ Khemraj Singh (@Khem Singh as well as the petitioner no 2/ Mini Badhai in Special Case No. 70 of 2000, (State Vs. Anesh Joshi and others), arising out of Case Crime No. 226 of 1999, Under Section 396/307 I.P.C. and Section 2-B, 10/12 D.A.A. Act, Police Station- Sri Nagar, District- Mahoba." 3. Learned counsel for the petitioners states that the petitioners had approached the Apex Court for their premature release on the grounds that petitioner No. 1 has already undergone incarceration for 17 years, 11 months, and 3 days without remission and 24 years, 5 months, and 12 days with remission, while petitioner No. 2 has already undergone 17 years, 11 months, and 2 days without remission and 25 years and 24 days with remission, as per the custody certificate. While entertaining Writ Petition(s) (Criminal) No(s). 254 of 2022 (Mini Badhree and another vs. The State of U.P. and another), the Hon'ble Apex Court passed the following order on 02.01.2023: "Learned counsel appearing for the respondents/State states that the petitioner's case is being considered and appropriate orders would be passed within a period of four weeks from today. We take the above statement on record. If the order passed by the respondent is adverse to the interest of the petitioners, the petitioners would be at liberty to challenge the same before the jurisdictional High Court. The writ petition is, accordingly, disposed of. Pending application(s), if any, shall stand disposed of." 4. Learned counsel for the petitioners states that despite the categorical order dated 02.01.2023 of the Apex Court, the application for the premature release of the petitioners has not been considered till date. In view of the aforesaid order, as leave has been accorded by the Apex Court to the petitioners to approach the jurisdictional High Court, the instant writ petition has been filed. He further apprised that the application for premature release of another co-accused had not been considered, and he had also approached the Apex Court and the Apex Court accorded bail to the coaccused by order dated 03.12.2024 in Writ Petition(s) (Criminal) No(s). 299/2024 (Anesh Joshi vs. State of U.P. and another). 5. Before proceeding further in the matter, on the request of Shri Pradeep Kumar Jaiswal, learned AGA, the matter is adjourned. 6. Put up this matter again as fresh on 20.02.2025. 7. It is sufficient to indicate that the claim of the petitioners is to be processed on or before the next date fixed, and accordingly, the same is to be apprised to the court in light of the observations made by the Apex Court. 8. A copy of this order shall be provided today itself, free of cost, to Shri Pradeep Kumar Jaiswal, learned A.G.A., for compliance." 3. In deference to the aforesaid order dated 31.1.2025 passed by this Court, learned A.G.A. filed the detailed instructions send by the Office of the Senior Jail Superintendent, Central Jail, Naini and the same is taken on the record. Learned A.G.A. on the basis of the aforesaid instructions submits that application for premature release of the petitioners is being processed and the same is also ceased before the State Government. He asked for some further time so that appropriate decision may be taken on the application for premature release of the petitioners. 4. Considering the aforesaid categorical statement made by the learned A.G.A., we are not inclined to keep this matter pending for consideration. The instant petitions stands disposed of with an observation that the application for premature release of the petitioners may be decided by the State Government within a period of three months from the date of production of certified copy of this order before it. Order Date :- 20.2.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad