Bombay High CourtWP/1381/2019others disposed off

Dhirendra Gurunarayan Singh v. The State Of Maharashtra

2019-06-04Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

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14. WP 1381-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1381 OF 2019 Dhirendra Gurunarayan Singh ...

Petitioner

Versus

The State of Maharashtra ...

Respondent .....

Mr. Kartik S. Garg for the Petitioner.

Ms. M.H. Mhatre, APP for the State.

.....

CORAM : B.P. DHARMADHIKARI AND SMT. SWAPNA JOSHI, JJ.

DATE : 4 JUNE 2019 P.C. :

Heard learned Counsel (appointed) and learned APP. The Applicant-prisoner states that he has become eligible for furlough in the year 2016 and accordingly moved an application there for. That application has not been decided till the date. Learned APP upon instructions states that the prisoner hails from Uttar Pradesh and, therefore, the report was sought from local Police Station, i.e. The Superintendent of Police, Office of Superintendent of Police-Jalaun, District Jalaun, State of Uttar Pradesh (U.P.). Though till date, about six letters/reminders have been sent, there is no reply to it. It is apparent that without appropriate response from local Police Station in State of U.P., request of the Petitioner cannot be considered. We, therefore, grant an oral leave made by learned Counsel for the

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14. WP 1381-19.doc Applicant and permit him to implead The Superintendent of Police, Office of Superintendent of Police-Jalaun, Dsit. Jalaun, U.P., as party Respondent No.2. The necessary amendment to be carried out within two days from today.

Instead of keeping the matter pending, we find it appropriate to direct the added respondent to respond to various communications sent to it by Superintendent, Nasik Road Central Jail. The last of such letter is sent on 28/30th March 2019. The added respondent shall send a suitable rely to it within four weeks after service of copy of this order upon it. We direct Respondent/State to send copy of this order to added respondent. We also permit the Applicant/Prisoner to do so. With these directions and with liberty to the Petitioner to approach again, if the grievance is not redressed, we partly allow this petition and disposed it of.

A copy of this order be served upon the prisoner in Nasik Road Central Prison.

Copy of the order is expedited.

(SMT. SWAPNA JOSHI, J.) (B.P. DHARMADHIKARI, J.)