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2025 DAILYLAW 3946 (CHH)

MADHO SINGH v. STATE OF CHHATTISGARH

WPCR/30/2025 · 2025-01-20

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:3297-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 30 of 2025 1 - Madho Singh S/o Bahoran Singh, Aged About 43 Years, R/o B.T.I. Road, Rekha Nagar, Bhind, P.S. Dehat, District Bhind, Madhya Pradesh. Presently in Central Jail Durg, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Principal Secretary, Department of Home (Jail) Government of Chhattisgarh Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Jail and Correctional Services Chhattisgarh, Sector 19, Atal Nagar New Raipur, Through Director General Prisoners, Jail Road, Raipur, Chhattisgarh. 3 - The Jail Superintendent, Central Jail Durg, District Durg, Chhattisgarh. 4 - District Magistrate/ Collector District Rajnandgaon, Chhattisgarh. ... Respondents For Petitioner : Mr. R.K. Jain, Advocate. For State/Respondents : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 20-01-2025 Digitally signed by MOHAMMAD AADIL KHAN 2 1. The present petition has been filed seeking following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the grievance of the petitioner from the respondent authorities. 10.2 That, the Hon’ble Court may kindly be pleased to set- aside the order passed by the Hon’ble Governor and further directed to release petitioner on remission an accordance with direction issued by Hon’ble Supreme Court in the matter of Laxman Naskar Vs. Union of India (2000)2 SCC 595. 10.3 That this Hon’ble Court kindly be pleased to direct the respondent authorities to take fresh application for releasing him on remission and decide the same in accordance with provisons of law. 10.4 Cost of the litigation/petition be allowed. 10.5 Any other relief(s) may be given to the petitioner, which this Hon’ble Court deem fit and proper in the facts and circumstances of the case. ” 2. Learned counsel for the petitioner submits that mercy petition of the petitioner has been rejected vide order dated 28-03-2023 by the Hon’ble Governor of the State which is also a subject matter of challenge before this Court. 3. The learned counsel for the State has pointed out that para Nos. 10.2, 10.3 of the prayer in the petition goes to show that he is praying for taking his application for release on remission. 3 4. Learned counsel for the petitioner prayed for withdrawal of the writ petition with liberty to file a fresh petition with appropriate pleading and prayer. 5. In view of the submission made by learned counsel for the State that the prayer made in the petition is self contradictory and prayer made by the petitioner, the present petition is dismissed as withdrawn granting liberty to the petitioner to file it afresh with proper prayer. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil