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2025 DAILYLAW 6502 (ALL)

DHARAMVEER v. STATE OF U.P. AND 3 OTHERS

CRLP/361/2025 · 2025-02-14

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21268-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 361 of 2025 Petitioner :- Dharamveer Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akash Tomar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State- respondent. 2. The present writ petition is preferred inter-alia for the following reliefs:- "I. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider and decdide the application of premature release of petitioner under the U.P. Prisoner Release on Probation Rules, 1938 and in view of beneficial policy whichever is applicable to the petitioner at the relevant point of time. II. Issue any writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of present case. III. To award the cost of the writ petition to the petitioner." 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 dated 29.02.2024 for premature application 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 2 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. He has placed reliance on the custody certificate dated 22.11.2024, which shows that petitioner has undergone more than 14 years 03 months of actual incarceration and 16 years 08 months with remission. 4. Learned AGA fairly states that in case the application/representation of the petitioner is still pending consideration, definitely, the same would be considered 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 application/representation of the petitioner is pending consideration, we hope and trust that the authority would consider the same looking to the period of incarceration of the petitioner, 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, expeditiously, preferably within a period of two months from the date of production of certified copy of this Court. 6. With the aforesaid observation, the writ petition is accordingly disposed of. Order Date :- 14.2.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad