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2025 DAILYLAW 44302 (ALL)

ZAMEEL AND ANOTHER v. State of U.P.

CRLP/6624/2024 · 2025-03-09

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35108-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6624 of 2024 Petitioner :- Zameel And Another Respondent :- State of U.P. Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State- respondents. 2. The present writ petition is preferred seeking direction upon respondents for premature release of the petitioners, who are convicts of S.T. no.1418 of 2007 arising out of Case Crime no.457 of 2007 u/s 302/149, 148 IPC, P.S. Kithaur, District- Meerut 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 vs. State of U.P. and another, 2022 (8) SCR 475 and as per G.O. dated 01.08.2018 (Chandrahasi vs. State of U.P.). 4. Learned A.G.A. fairly states that in case the petitioners move 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 petitioners move 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 petitioners, 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, and also in the light of law laid down by the Hon'ble Supreme Court in the matter of Rashidhul Jafar @ Chota (supra) 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 :- 10.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad