Vasant Shankar Waghmare And Another v. Superintendent Of Cenral Prisoner, Amravati Dist.Amravati

Judgment Cri.W.P.13.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 13 OF 2021 1) Vasant Shankar Waghmare, Aged about 38 years, Occu. - Nil, R/o. At. Post. Galsure, Adiwasi Wadi, Tah. Shriwardhan, District Raigad, (Presently Central Prison Amravati No. 5404) 2) Dipak Narayan Patil, Aged about 40 years, R/o. Pitkari, Post Kusumbale, Tah. Alibagh, District Raigad.

.... PETITIONERS // VERSUS // Superintendent of Central Prisoner, Amravati, District Amravati.

.... RESPONDENT ______________________________________________________________ Shri S. D. Chande, counsel for the petitioners. Miss T. H. Khan, A.P.P. for the respondent.

______________________________________________________________ CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 13 th January, 2021 .

ORAL JUDGMENT : (Per : SUNIL B. SHUKRE, J.) 1.

Issue notice for final disposal at admission stage to the respondent. Learned A.P.P. waives service of notice for respondent.

Judgment Cri.W.P.13.2021.odt 2.

Heard. Rule. Rule made returnable forthwith.

3.

Heard finally by consent of the learned counsel appearing for the parties.

4.

The petitioner is demanding access of telephone facility available in the prison. The issue is squarely covered by the view taken by this Court in the case of Dhirendera Vijay Yadav Vs. Dy. Director General of Police, decided on 02.01.2020.

5.

Accordingly, the petition is allowed.

Respondent is directed to provide telephone facility to the petitioner in terms of circular dated 12.02.2019, provided they fulfills all other conditions contained therein.

Rule accordingly. No costs.

(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.) Kirtak