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2025 DAILYLAW 110787 (ALL)

NARESH v. STATE OF U.P. AND 3 OTHERS

CRLP/23052/2024 · 2025-02-23

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25775-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23052 of 2024 Petitioner :- Naresh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ritesh Singh,Suresh Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. While entertaining the writ petition on 27.01.2025, this court passed the following order: "1. Heard learned counsel for the petitioner and Shri G.P., learned A.G.A.-I for the State. 2. This writ petition has been filed praying for the following reliefs: "i. To Issue a writ in the nature of MANDAMUS directing the respondents to consider and decide the application of premature release of petitioner under the U.P Prisoner release on probation rules, 1938 and in the view of policy dated 01.08.2018 which was applicable to the petitioner at the relevant point of time and consequently release the petitioners immediate thereof." 3. Shri G.P., learned A.G.A.-I, states that as the petitioner has already undergone actual incarceration of 20 years (with remission totaling 25 years), his application for premature release is in process. He further informs the court that, according to correspondence dated 26.12.2024 from the Senior Jail Superintendent, the petitioner's premature release had been shortlisted and was scheduled to be considered for release on the occasion of Republic Day, i.e. 26.01.2025. He prays for some further time to apprise the court about the current status. On his request, the matter is adjourned. 4. Put up this matter again as fresh on 24.02.2025. 5. It is expected that, in case the petitioner's application for premature release is still pending consideration, a decision on the said application shall be taken on or before the next date fixed." 3. In response to the order dated 27.01.2025, Shri G.P., learned A.G.A.-I, states, on instructions, that the petitioner's matter has already been referred to the State Government and that some further time may be accorded to apprise the Court of the status of the ongoing proceedings. 4. Considering the factual situation and the instructions placed by the learned A.G.A., we are not inclined to keep the writ petition pending. With the consent of the parties, the same stands disposed of with the observation that the petitioner's application for premature release shall be processed expeditiously, preferably within three months from the date of production of a certified copy of this order. Suffice it to indicate that we have not adverted to the matter on merits. Order Date :- 24.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad