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Neutral Citation No. - 2025:AHC:76708-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9398 of 2025 Petitioner :- Nekse Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State respondents and perused the record.
2. The present writ petition has been preferred for a mandamus commanding the second respondent to decide the petitioner's application dated 08.02.2023 for grant of premature release pending adjudication before the respondent authorities.
3. Learned counsel for the petitioners has placed reliance upon the order 20.1.2023 passed by Hon'ble Apex Court in Special Leave Petition (Criminal ) Diary No(s). 37699/2022 (Nekshe Pal & Anr. v. State of U.P.), wherein the petitioners were permitted to withdraw the petitioner and prayed to move an appropriate application through jail authorities for remission under the provisions of the United Provinces Prisoners Release on Probation Act, 1934, as the petitioners have completed 17 years of sentence. Accordingly, the aforesaid petition was dismissed as withdrawn and the application is already filed before the competent authority for consideration under the scheme/policy of the Government. He vehemently contended that the petitioners have already undergone more than 19 years of incarceration and custody certificate is also brought on record.
4. Learned A.G.A., on the instructions, states that the matter is seized before the competent authority and the process is on to consider the application in accordance with the scheme in question.
5. Considering the facts and circumstances, we are not inclined to issue notice to the respondents at this stage and with the consent of the parties, the writ petition stands disposed of with an observation that the application of the petitioners is to be processed on its merit strictly in accordance with law expeditiously and preferably within two months from the date of production of a certified copy of this order. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 12.5.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad