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2025 DAILYLAW 38073 (ALL)

NASEEM AHMAD KHAN v. STATE OF U.P. AND 3 OTHERS

CRLP/6532/2025 · 2025-04-07

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50570-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6532 of 2025 Petitioner :- Naseem Ahmad Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Agnivesh,Jadu Nandan Yadav,Pranvesh 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 no.2 to consider and take decision on the recommendation of the medical board dated 31.12.2020 for premature release of the petitioner from Central Jail, Varanasi. 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 v. State of U.P., (2022) 8 SCR 475. 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 :- 8.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad