Apparao Bahadurrao Ghuge v. Addl Director General Of Police And Inspector General Prison And Correctional Services, Pune , ANR

(1) 35crwp260.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.260/2025 Apparao Bahadurrao Ghuge (In Jail) .Vs. Additional Director General of Police and Inspector General of Prisoin and Correctional Service, Pune. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms R. Singh, Advocate for petitioner.

Mr. K. R. Lule, A.P.P. for respondent.

CORAM :

ANIL L. PANSARE AND Y. G. KHOBRAGADE, JJ.

DATE :

OCTOBER 13, 2025.

The petitioner approached this Court seeking direction to consider the application preferred by the petitioner to transfer him from Morshi Open Prison to Swantrapur Vasahat, Atpadi, Dist. Sangli.

2.

Learned A.P.P. submits that the application has been considered but rejected on the ground that the petitioner has not yet completed two years mandatory period in Open Prison of the State of Maharashtra in terms of Rule 4C of Chapter 3 of the Maharashtra Prison Manula, 1979.

3.

Thus, it appears that the purpose of filing the petition has been served. The petition is accordingly disposed of with liberty to the petitioner to challenge the decision taken, if it is adverse to him.

4.

After passing order, learned counsel for petitioner argued that the decision has been taken incorrectly. The respondents have refused the request of petitioner on the ground that there are 189 people in queue and that such reason is incorrect.

(2) 35crwp260.25 5.

In our view, once the petition has been disposed of, the counsel should not have made further submissions, particularly when she is making submission about the manner in which the decision has been taken, which is not subject matter of the petition. It is in this background, now the petition stands dismissed with costs of Rs.5,000/- to be paid to the Library of High Court Bar Association, Nagpur. Amount shall be paid within two weeks from today, failing which the Registry shall recover the same as land revenue.

(JUDGE) (JUDGE) Kahale