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2025 DAILYLAW 30141 (ALL)

KAUSHLENDRA SINGH AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS

CRLP/5386/2025 · 2025-05-18

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83898-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5386 of 2025 Petitioner :- Kaushlendra Singh and 6 others Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Anshu Singh, Hemendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Shri Sitesh Kumar, learned counsel for the petitioners and learned A.G.A. for the State-respondents. 2. Present writ petition has been preferred under Article 226 of the Constitution of India for setting aside the impugned order dated 24.2.2025 passed by the Deputy Inspector General of Prison (Jail Administration and Reforms) Government of U.P., Lucknow (respondent no.4) as well as order dated 11.11.2022 passed by the Principal Secretary (Prison), Government of U.P., Lucknow (respondent no. 2), whereby he has directed the Jail authority to give effect to the order dated 11.11.2022 and transfer the petitioners along with prisoners of District Hathras to District Jail at Kasganj. 3. Initially, the matter was taken up on 15.04.2025 and on the said date, the co-ordinate Bench of this Court has accorded an interim relief to the petitioners directing that till then the petitioners shall not be transferred from Aligarh Jail to Kasganj Jail. The respondents were allowed two weeks and no more time to file counter affidavit and the matter was directed to put up before appropriate Court on 05.05.2025. 4. Thereafter, a detailed counter affidavit has been filed on behalf of respondent no.5 on 02.05.2025, wherein in para no.15 of the counter affidavit, it is stated that the District Jail, Aligarh has a detention capacity of 1202 prisoners while at present i.e. as on 21.3.2025, total 2488 prisoners were detained in the said jail. In para-16 it is averred that presently, there are 32 barracks for male prisoners and 03 barracks for female prisoners in District Jail, Aligarh. It is further stated that 02 barracks for male prisoners are under construction and the construction work was likely to be completed in the month of April, 2025. 5. The Division Bench vide order dated 15.4.2025 has already stayed the transfer of petitioners from District Jail, Aligarh to District Jail, Kasganj and as per categorical statement in para 16 of the counter affidavit, the construction work was likely to be completed in the month of April, 2025. We do not find any such plausible reason to transfer the petitioners from District Jail, Aligarh to District Jail, Kasganj as the situation has already been eased out and at present, the petitioners are in District Jail, Aligarh. 6. In the facts and circumstances, the interim order dated 15.4.2025 is confirmed and the instant writ petition is disposed of, accordingly. Order Date :- 19.5.2025 Ujjawal (Anil Kumar-X, J) (Mahesh Chandra Tripathi, J) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad