Sunil S/O Parshuram Tekam (In Jail) v. Deputy Inspector General Of Prison, Central Prison, Nagpur And Another

23-Cri.WP-643-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.643 OF 2016 Sunil s/o Parshuram Tekam -vsDy. Inspector General of Prison, Central Prison, Nagpur and anr. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms S. B. Khobragade, Advocate for petitioner. Ms N. R. Tripathi, APP for respondents.

CORAM : B. P. DHARMADHIKARI & S. B. SHUKRE, JJ.

DATE : November 18, 2016 Heard Advocate Ms Khobragade for the petitioner and Ms Tripathi, learned APP for respondents. Submission of Advocate Khobragade is that on earlier occasion, petitioner has reported late which was voluntary. On 16/09/2015 he was required to be arrested and brought back but as he was attending his ailing wife who was patient of brain tumor and has expired later. According to her except for one instance of arrest there is absolutely no adverse report. Learned Addl. Public Prosecutor is opposing any intervention by this Court. According to her for late reporting offence under Section 224 of IPC is already registered.

Record shows that wife of applicant has expired on 27/02/2016. In this situation, without observing anything on merits of controversy, we grant petitioner

23-Cri.WP-643-16 2/2 an opportunity to make appropriate application pointing out reasons for his inability to report on due date. If such application with documents is moved within four weeks from today, the concerned Authority shall apply its mind and decide the same within next six weeks. Criminal writ petition is thus partly allowed and disposed of.

JUDGE JUDGE Asmita