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Neutral Citation No. - 2025:AHC:32724-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4328 of 2025 Petitioner :- Ramswaroop Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjeet 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- respondents.
2. The present writ petition is preferred seeking direction upon respondent nos.3 and 4 for premature release of the petitioner, who is convict of S.T. no.405 of 1996 arising out of Case Crime no.136 of 1995 u/s 304(I) r/w section 149 IPC, P.S. Kishanpur, District- Fatehpur, as per G.O. dated 01.08.2018 (Chandrahasi vs. State of U.P.) and also as per judgment and order dated 06.09.2022 of Hon'ble Supreme Court passed in the matter of Rashidul Zafar @ Chhota vs. State of U.P. and another 2022 (8) SCR 475 as well as the jail manuals.
3. At the very outset, learned counsel for the petitioner has confined his prayer to the effect that a direction may be issued to the Authority concerned to consider his application for premature release in terms of order dated 12.03.2024 passed by this Hon'ble Court in Criminal Misc. Writ Petition No. 3677 of 2024 (Sunil Kumar Jaiswal versus State of U.P. and others) as well as order passed by Hon'ble Supreme Court in Rashidul Jafar @ Chota (supra).
4. Learned A.G.A. fairly states that in case the petitioner moves an application, definitely, the same would be considered and decided strictly in accordance with law.
5. Considering the facts and circumstances, we are not inclined to entertain the writ petition on merit, suffice to indicate, in case the petitioner moves an application within a week from today before the concerned authority, we hope and trust that the authority would consider the same looking to the period of incarceration of the petitioner, in terms of the Government Order dated 01.08.2018
with regard to premature release of prisoners, which was amended vide order dated 27.05.2022, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order.
6. With the aforesaid observation, the writ petition is disposed of. Order Date :- 6.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad