Babu Lal v. State

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 189/2019 BABU LAL ..... Petitioner Represented by:

Mr. Manu Sharma, Ms. Ridhima Mandhar, Advs.

versus STATE ..... Respondent Represented by:

Mr. Sanjay Lao, ASC with SI Pardeep Kumar PS Model Town.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.01.2019 Crl.M.A. 1288/2019 Exemption allowed subject to just exceptions. W.P.(CRL) 189/2019 By this petition the petitioner challenges the order dated 12th November, 2018 whereby the request of the petitioner to transfer him to semi-open jail was declined. The said order was passed based on Standing Order No.61 on the basis of Delhi Prisons Act, 2000. Learned Additional Standing Counsel for the State submits that with effect from 1st January, 2019 Delhi Prisons Rules 2018 have come into force and thus the petitioner should now apply afresh to the jail authorities in terms of the said Rules and in case there is a grievance he would be at liberty to approach this Court again.

W.P.(CRL) 189/2019

In view of the statement of the learned Standing Counsel for the State the petition is disposed of with liberty to the petitioner to apply afresh to the competent authority for transfer to semi-open jail in terms of the Rules provided under Delhi Prisons Rules 2018 and in case aggrieved he would be at liberty to approach this Court again.

As and when an application is made by the petitioner, the respondent is directed to decide the same within a period of four weeks. Copy of this order be communicated to the petitioner through Superintendent Jail.

MUKTA GUPTA, J.

JANUARY 21, 2019 'ga'

W.P.(CRL) 189/2019