Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 146135 (ALL)

LOKMAL @ LOKU @ LOKNATH CHANDNANI v. STATE OF U.P. THRU. SECY. HOME U.P. LKO. AND OTHERS

CRLP/5195/2025 · 2025-06-24

Kshitij Shailendra, Pankaj Bhatia

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:36270-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5195 of 2025 Petitioner :- Lokmal @ Loku @ Loknath Chandnani Respondent :- State Of U.P. Thru. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- R.K.S. Chauhan,Aditya Kumar Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. Present petition has been filed for the following relief: "1. to issue a writ order or direction in the nature of writ of Mandamus thereby commanding to all opposite parties to take a decision with regard the direction of Hon'ble Apex Court vide its order dtd. 07.03.2025 i.e. Annexure No.1 to this writ petition as well as representations given by the petitioner and his family members vide annexure Nos. 3-6 to this writ petition in order to release to petitioner in order to get specialized treatment at SGPGI Lucknow from where petitioner has got treated or any other hospital where petitioner's required specialized treatment is available or at District Hospital Rae Bareli, in view of continuous treatment of petitioner prior to his surrender vide Hon'ble Apex Court's order dtd. 07.03.2025 either in the custody of his family members or in the custody of officials of Opp. No.5, since petitioner had already surrender before CJM Rae Bareli on 09.04.2025 in view of Hon'ble Apex Courts order dtd. 07.03.2025 in the interest of justice." 3. Learned counsel for the petitioner heavily relies upon the directions given by the Hon'ble Apex Court on 07.03.2025 in Criminal Appeal No.325 of 2011 and lays emphasis on Para 18 of the said judgment. 4. It is clear that in terms of the directions given by the Hon'ble Apex Court, it was incumbent upon the State Government to have taken a decision in the light of the directions within a period of four weeks, however, it is argued that no decision has been taken despite directions, as such, considering the directions given by the Hon'ble Apex Court, present petition is disposed off with direction to the respondents to take a decision on the representation filed by the petitioner, positively within a period of two weeks from the date of production of a certified copy of this order. 5. Respondents shall also be at liberty to pass appropriate orders considering the grievance of the petitioner and his illness. Order Date :- 24.6.2025 nishant (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench