Mohd Anwar v. State (Govt Of N.C.T Of Delhi) & ANR

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1029/2016 MOHD ANWAR ..... Petitioner Through:

Mr. Sumeet Verma and Mr. Amit Kala, Advocates versus STATE (GOVT OF N.C.T OF DELHI) & ANR ..... Respondents Through:

Mr. R.S. Kundu, ASC (Criminal) with Mr. Kranti V.S. Bhardwaj, Advocate and SI Shekhar, PS- Sadar Bazaar

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 04.04.2016 CRL.M.A.5343/2016 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly.

W.P.(CRL) 1029/2016 The present petition has been received on transfer from a coordinate bench.

The present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeks a mandamus to the official respondent, essentially to direct the latter to expeditiously consider the petitioner's representation seeking premature release, who is stated to have undergone more than 24 years' incarceration including remission in FIR No.279/1992, under Section 302/307/34 IPC, registered at Police Station- Sadar Bazaar, Delhi.

Notice.

Mr. R.S. Kundu, learned Additional Standing Counsel (Criminal) accepts notice on behalf of the official respondents and invites my attention to a

communication dated 31.03.2016 qua the petitioner's representation seeking premature release to urge that the Sentence Reviewing Board has already rejected the same in its last meeting held on 06.01.2016 and that the afore-stated rejection has already got approval from the Hon'ble Lieutenant Governor of Delhi.

In view of the afore-stated communication dated 31.03.2016, a copy of which has been provided to Mr. Sumeet Verma, learned counsel appearing on behalf of the petitioner, the latter seeks leave to withdraw this petition with liberty to initiate an appropriate proceeding, assailing the order whereby the petitioner's representation for grant of premature release has been rejected by the competent authority.

Leave and liberty granted.

The writ petition is dismissed as withdrawn and disposed of accordingly. Dasti.

SIDDHARTH MRIDUL, J APRIL 04, 2016 dn