VIJAY KUMAR SINGH @ VIJAY BAHDUR SINGH v. STATE OF U.P. AND 3 OTHERS
CRLP/10698/2025 · 2025-05-25
Nand Prabha Shukla, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61345 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61345 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89163-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10698 of 2025 Petitioner :- Vijay Kumar Singh @ Vijay Bahdur Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Sri C.P. Singh, learned counsel for the petitioner, Sri Rahul Asthana, learned A.G.A. for the State and perused the record. 2. This writ petition has been filed with following prayer: a) Issue a writ order or direction in the nature of mandamus directing the respondents to decide the application dated 04.03.2025 to release the petitioner for short term period (parole) to participate the marriage ceremony of his daughter. b) Issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. c) Award cost of the petition to the petitioners."
3. The petitioner is praying for short term parole for the purpose of participating the marriage ceremony of his daughter Km. Manali Singh with Amit Kumar Singh, which is scheduled to be held on 03.06.2025 to 08.06.2025. 4. The attention was drawn to the Annexure-1 to this petition. It is submitted that although the petitioner has already submitted an application before the respondents, however, till date no order has been passed. It was pointed out that the application has been given to the District Magistrate, Ballia by the Registered Post and to the Home Secretary of State of U.P., Uttar Pradesh, Lucknow and Jail Superintendent, Central Jail, Varanasi, wherein the accused is confined. Such application was given to the District Magistrate, Ballia on 04.03.2025 but till date no decision has been taken. 5. Attention was further drawn to the notification dated
29.01.2013, Uttar Pradesh (Suspension of Sentences of Prisoners) (First Amendment) Rules, 2012 and it was pointed out that the District Magistrate of the District to which prisoner belongs may suspend the sentence of a prisoner upto 72 hours. However, for the purpose of marriage ceremony for more than that period not exceeding one month, the State Government will have such powers to consider the same. 6.
Learned counsel for the petitioner at this stage submitted that as per the information supplied by the petitioner, the petitioner has also moved an application before the District Magistrate, Varanasi, which has already been forwarded to the State Government.
Learned counsel for the petitioner had further drawn attention to the order dated 09.02.2023 passed in Criminal Misc. Writ Petition No.2188 of 2023 (Vijay Kumar Singh @ Vijay Bahadul Singh vs. State of U.P. and 3 others), which was also disposed of directing the authority concerned to consider the application of the petitioner within three days. It is also submitted that said application was in respect of the another daughter of the petitioner and although the application was allowed. However, by the time, the marriage ceremony had already taken place and entire purpose at that point of time became useless.
7. In these circumstances, learned counsel for the petitioner is praying that the application may be considered strictly within a time bond period and the petitioner may be released for 15 days for attending the marriage ceremony of his daughter Km. Manali Singh so he may be released within time for the purpose of attending the marriage ceremony of his daughter.
8. Learned A.G.A. has no objection. However he submitted that although as per the petitioner's counsel, the representation has already been forwarded by the District Magistrate, Varanasi to the State Government, however the petitioner may also be set at liberty to file a fresh representation alongwith certified copy of this
order.
9. Accordingly the present petition stands disposed of with the direction to the respondent no. 1 to consider and dispose of the application/representation dated 04.03.2025 filed by the petitioner within a period of three days, i.e. 30.05.2025 from the date of production of a certified copy of this order filed before him or is communicated by the learned A.G.A.
10. Learned A.G.A. is directed to communicate this order by Electronic Mode for the purpose of considering the case of the
petitioner for short term parole for attending the marriage ceremony of his daughter, which has already been forwarded by the District Magistrate, Varanasi. The petitioner is also at liberty to file fresh representation alongwith copy of this order.
11. It is expected that the application be considered within three days or by 30.05.2025.
12. Office is directed to supply the copy of this order to the learned A.G.A. within 24 hours for communication to the officer concerned.
13. It is made clear that this Court has not considered the application of the petitioner on merits.
14. Petition stands disposed of accordingly.
Order Date :- 26.5.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad