Mamta v. The State Govt. Of NCT Of Delhi & ORS.

$~80 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAMTA .....Petitioner Through:

Mr. Ankit Rana, Ms. Riya Rana and Mr. Tushar Advocates via videoconferencing.

versus THE STATE GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for the State with Insp. Bijay Kumar, P.S. Bawana.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 13.12.2024 CRL.M.A. 37535/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks direction to the respondent not to transfer her from Central Jail No. 6, Tihar, Delhi to Central Jail No. 16, Mandoli, Delhi.

2.

Mr. Ankit Rana, learned counsel appearing for the petitioner via video-conferencing submits, that the petitioner and her husband are both under trial prisoners who are accused in case FIR No. 0379/2023 dated 28.04.2023 registered under sections 302/323/34 of the Indian The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Penal Code, 1860 and sections 25/27 of the Arms Act, 1959 at P.S.: Bawana, Delhi.

3.

Mr. Rana submits, that at present, both the petitioner and her husband are housed in Tihar Jail, Delhi but as part of de-congestion exercise by the State, the petitioner is being sought to be transferred to Mandoli Jail, Delhi, which would make it difficult for their child to meet them at the time of mulakat.

4.

Issue notice.

5.

Mr. Rahul Tyagi, learned ASC (Criminal) appears on behalf of the State on advance copy; accepts notice; and submits that in view of the prayer made, the concerned Jail Authorities will consider the case of the petitioner compassionately so as not to transfer her out of the jail where she is presently housed.

6.

Learned ASC submits, that the present petition be disposed-of referring the same to the Jail Authorities as a representation made on behalf of the petitioner.

7.

Mr. Rana submits, that they are agreeable to this course of action. 8.

In view of the above, the present petition is directed to be placed before the concerned Jail Authorities as a representation made on behalf of the petitioner and the representation is to be considered sympathetically.

9.

Let the decision on the representation be taken and communicated to the petitioner in writing within 02 weeks.

10.

The petition is accordingly disposed-of, in the above terms. 11.

Pending applications, if any, also stand disposed-of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

Let a copy of this order sent to the concerned Jail Superintendent forthwith for information and compliance.

ANUP JAIRAM BHAMBHANI, J DECEMBER 13, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.