High Court of Punjab and HaryanaCOCP/277/2017dismissed

Mohan Singh v. Rohit Chaudhary

2017-03-20Mr. Justice S.P. Bangarh2 pages

COCP 277/2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:20.03.2017 Mohan Singh ..............Petitioner v.

Rohit Chaudhary,DG(Prisons)Punjab ..............Respondent Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Sanjeev Manhas,Advocate for the petitioner Mr.Anant Kataria,DAG Punjab Jaswant Singh,J.

Petitioner approached this Court by filing Crl.W.P.No.1831/2015 seeking a direction to State to consider and decide his premature release case in the light of Punjab Government Policy dated 8.7.1991. The said writ petition was disposed of vide order dated 3.10.2016 passed by this Court with a direction to respondent herein to consider the case of the petitioner for premature release in accordance with law and preferably within a period of three months from the date of receipt of certified copy of this order. Alleging disobedience of said order dated 3.10.2016 instant contempt has been filed.

Vide order dated 8.2.2017 counsel for the petitioner had sought time to place on record the policy as also the relevant provisions Rajinder Parshad Joshi 2017.03.21 16:19 I attest to the accuracy and integrity of this document

COCP 277/2017 of rules,if any,mandating the competent authority to pass a speaking order and communicate the same to the petitioner. During the pendency of the present petition, a written statement by way of short affidavit dated 7.3.2017 of Rohit Chaudhary,Additional Director General of Police(Prisons)Punjab has been filed stating therein that in compliance of the order dated 3.10.2016 passed by this Court, the case of the petitioner for premature release was duly considered and decided by passing a speaking order dated 3.1.2017. A copy of the said order dated 3.1.2017 is annexed as Annexure R-1 with the short affidavit. As per order Annexure R-1 in view of Policy dated 8.7.1991 the petitioner has been found not entitled to be prematurely released.

At the time of hearing today, learned counsel for the petitioner seeks permission to withdraw the instant petition. Dismissed as withdrawn.

20.03.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.03.21 16:19 I attest to the accuracy and integrity of this document