Subodhprasad S/O Jagdish Mehto v. The State Of Maharashtra And ORS

H. C. Shiv 47.w3273.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3273 OF 2023 Subodhprasad Jagdish Mehto .. Petitioner vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Rupesh Jaiswal for the Petitioner by Video Conferencing. Mr. S. V. Gavand APP for the Respondent-State. Mr. B. M. Tadavi, Jailor, Kolhapur Central Prison present. CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 30th JANUARY, 2024.

P. C.:- 1) By the present Petition, the Petitioner has prayed for a writ of mandamus or any other appropriate writ, order or direction in the like nature to direct the Respondent No.2 i.e. Inspector General of Prisons, to transfer the Petitioner from Kalamba Kolhapur Central Prison to Hazaribagh Central Prison, Jharkhand.

2) In pursuance of the Order dated 19th December, 2023, the Additional Director General of Police and Inspector General of Prisons and Correctional Services, Maharashtra State, Pune has filed an Affidavit dated Digitally signed by HEMANT CHANDERSEN SHIV Date:

2024.02.06 15:43:15 +0530 29th January, 2024. Paragraph 13 of the said affidavit reads as under : HEMANT CHANDERSEN SHIV 1/2

H. C. Shiv 47.w3273.23.doc "13. I say and submit that after receiving the approval from Government of Jharkhand and Inspector General of Prisons Ranchi, Jharkhand, this office has instructed vide letter No.778/24 dated 24/01/2024 to the Superintendent Kolhapur Central Prison to transfer the said prisoner to Laknayak Jayprakash Narayan Hazaribagh Central Prison, Jharkhand. Accordingly, the Superintendent Kolhapur Central Prison has registered requisition to the Superintendent of Police, Kolhapur to provide Police escort to transfer the said prisoner as per order."

3.

In view of the fact that the Government of Maharashtra has accepted the request of the Petitioner and has taken a decision to transfer him to Loknayak Jayprakash Narayan Hazaribagh Central Jail, State of Jharkhand, the grievance of the Petitioner has been meted with and nothing further survives in the Petition as of today. 4.

Petition is allowed in the aforesaid terms.

(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2