Rajendra S/O Kedarnath Tiwari (In Jail) v. State Of Maharashtra, Through Ministry Of Home Affairs, Mumbai And Others

7.3CWP.779.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 779 OF 2015.

(Rajendra s/o Kedarnath Tiwari .vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. N.R. Mankar, Advocate (appointed) for petitioner, Mr. J.Y. Ghurde, A.P.P. for respondent nos. 1, 3 & 4. CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.

DATED : MARCH 7, 2016.

The petition has been filed for directing the concerned officers to investigate into the matter. It is the allegation of the petitioner that the petitioner has been falsely implicated for the use of mobile phone in the Open Prison premises and has been penalized by transferring him to the regular prison. The perusal of the station-diary placed before us by the learned A.P.P. would reveal that in the investigation conducted, it was revealed that it was the petitioner who had brought the mobile phone in the prison and four prisoners in the Open Prison had used the said mobile for contacting their relatives/friends outside the prison.

In that view of the matter, we do not find that any case is made out for interference. The petition is rejected. Fees payable to the learned Counsel appointed for the petitioner are quantified at Rs.1500/-.

J. Judge Judge