239 IN THE HIGH COURT OF PUNJAB AND HARYANA VARINDER SINGH ALIAS KALA STATE OF PUNJAB AND CORAM: HON’BLE MR. Present: Mr. for the petitioner. Mr. Nitesh Sharma, DAG, Punjab. HARPREET SINGH BRAR 1. Prayer in the Constitution of India protect the petitioner from illegal threatening, beatings/torturing being caused by respondent No.3 and to protect the life necessary directions Kapurthala to Central Jail the ld. Sessions Court violation of Section 29 of Prisoners Act. 2. In compliance of the order passed by this Court on 29.04.2025, status report by way of short affidavit dated 05.05.2025 of Shyamal Jyoti, Superintendent, Central Jail, Kapurthala on behalf of respondent Nos.2 and 3 State has been filed. The same is taken on record. A copy thereof has been supplied to learned counsel for the petitioner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH VARINDER SINGH ALIAS KALA V/S PUNJAB AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Amit Arora, Advocate for the petitioner. Mr. Nitesh Sharma, DAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) Prayer in the present petition Constitution of India has been made for directing protect the petitioner from illegal threatening, beatings/torturing being caused by respondent No.3 and to protect the life of the petitioner. Further prayer has been made that necessary directions to transfer the petitioner back from Central Jail Kapurthala to Central Jail, Goindwal Sahib, since his trials are pending before the ld. Sessions Court, Tarn Taran, be issued as he has been transferred in utter Section 29 of Prisoners Act. In compliance of the order passed by this Court on 29.04.2025, status report by way of short affidavit dated 05.05.2025 of Shyamal Jyoti, ent, Central Jail, Kapurthala on behalf of respondent Nos.2 and 3 State has been filed. The same is taken on record. A copy thereof has been supplied to learned counsel for the petitioner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-4266-2025 Date of decision: 06.05.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR filed under Article 226 of has been made for directing respondents No.1 to 3 to protect the petitioner from illegal threatening, harassment and beatings/torturing being caused by respondent No.3, while in judicial custody of the petitioner. Further prayer has been made that to transfer the petitioner back from Central Jail, Goindwal Sahib, since his trials are pending before Tarn Taran, be issued as he has been transferred in utter In compliance of the order passed by this Court on 29.04.2025, status report by way of short affidavit dated 05.05.2025 of Shyamal Jyoti, ent, Central Jail, Kapurthala on behalf of respondent Nos.2 and 3- State has been filed. The same is taken on record. A copy thereof has been MANISHA 2025.05.07 18:12 I attest to the accuracy and authenticiy of this order/judgment CRWP-4266-2025 3. Learned State counsel submits that the petitioner has been transferred from Central Jail, Goindwal Sahib to Central Jail, Kapurthala due to his misconduct. The petitioner has been found using the phone inside the jail, as such, Additional Director General competent authority for transfer of the prisoners from one prison to another, as per the provisions of Clause 15.01 to 15.03 of Chapter 15 of Punjab Prisons Rules, 2022 has transferred the petitioner to another jail. F has approached learned Additional Sessions Judge, Tarn Taran with the identical prayer and detailed report was submitted before the his application was finally dismissed as withdrawn on 01.03.2025. Thereafter, he filed another application having identical prayer with the present petition, before learned Principal District and Sessions Judge 17.03.2025 and the medical Learned State counsel further submits tha petitioner is still pending before the learned Principal District and Sessions Judge, Tarn Taran. As such, the petitioner cannot invoke two parallel jurisdictions for the same relief and the present petition has been f put pressure on the prison administration. the fact of earlier application filed before the Court of learned Additional Sessions Judge, Tarn Taran, which was withdrawn on 01.03.2025 4. In view of the fac learned Principal District and Sessions Judge, Tarn Taran for re grievance raised in the present petition and the same was filed on 17.03.2025 and the present petition was filed on 22.04.2025, no f required to be passed in the prese 2025 2 Learned State counsel submits that the petitioner has been transferred from Central Jail, Goindwal Sahib to Central Jail, Kapurthala due to his misconduct. The petitioner has been found using the phone inside the jail, as such, Additional Director General of Police (Prisons), Punjab being the competent authority for transfer of the prisoners from one prison to another, as provisions of Clause 15.01 to 15.03 of Chapter 15 of Punjab Prisons Rules, 2022 has transferred the petitioner to another jail. F has approached learned Additional Sessions Judge, Tarn Taran with the identical prayer and detailed report was submitted before the his application was finally dismissed as withdrawn on 01.03.2025. Thereafter, ther application having identical prayer with the present petition, before learned Principal District and Sessions Judge 17.03.2025 and the medical examination of the petitioner was ordered therein Learned State counsel further submits that the second application filed by the still pending before the learned Principal District and Sessions Judge, Tarn Taran. As such, the petitioner cannot invoke two parallel jurisdictions for the same relief and the present petition has been f put pressure on the prison administration. Further, the petitioner has concealed the fact of earlier application filed before the Court of learned Additional Sessions Judge, Tarn Taran, which was withdrawn on 01.03.2025 In view of the fact that the petitioner has already approached learned Principal District and Sessions Judge, Tarn Taran for re grievance raised in the present petition and the same was filed on 17.03.2025 and the present petition was filed on 22.04.2025, no f required to be passed in the present petition and the same stands disposed of Learned State counsel submits that the petitioner has been transferred from Central Jail, Goindwal Sahib to Central Jail, Kapurthala due to his misconduct. The petitioner has been found using the phone inside the of Police (Prisons), Punjab being the competent authority for transfer of the prisoners from one prison to another, as provisions of Clause 15.01 to 15.03 of Chapter 15 of Punjab Prisons Rules, 2022 has transferred the petitioner to another jail. Further, petitioner has approached learned Additional Sessions Judge, Tarn Taran with the identical prayer and detailed report was submitted before the said Court and his application was finally dismissed as withdrawn on 01.03.2025. Thereafter, ther application having identical prayer with the present petition, before learned Principal District and Sessions Judge, Tarn Taran on examination of the petitioner was ordered therein. t the second application filed by the still pending before the learned Principal District and Sessions Judge, Tarn Taran. As such, the petitioner cannot invoke two parallel jurisdictions for the same relief and the present petition has been filed only to Further, the petitioner has concealed the fact of earlier application filed before the Court of learned Additional Sessions Judge, Tarn Taran, which was withdrawn on 01.03.2025. t that the petitioner has already approached learned Principal District and Sessions Judge, Tarn Taran for redressal of the grievance raised in the present petition and the same was filed on 17.03.2025 and the present petition was filed on 22.04.2025, no further directions are t petition and the same stands disposed of . MANISHA 2025.05.07 18:12 I attest to the accuracy and authenticiy of this order/judgment CRWP-4266-2025 accordingly. However, liberty is granted to the petitioner to pursue his application filed before the learned Principal District and Sessions Judge, Tarn Taran. May 06, 2025 manisha (i) (ii) 2025 3 accordingly. However, liberty is granted to the petitioner to pursue his application filed before the learned Principal District and Sessions Judge, Tarn (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable accordingly. However, liberty is granted to the petitioner to pursue his application filed before the learned Principal District and Sessions Judge, Tarn HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.07 18:12 I attest to the accuracy and authenticiy of this order/judgment