High Court of Punjab and HaryanaCRWP/9280/2024dismissed

Karamjeet Kaur v. State Of Haryana

2024-09-23Ms. Justice Nidhi Gupta2 pages

CRWP-9280-2024 (O&M) -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-9280-2024 (O&M) Date of Decision: 23.09.2024 Karamjeet Kaur .... Petitioner

Versus

State of Haryana and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Randeep S. Dhull, Advocate for the petitioner. Ms. Deepshikha Chauhan, A.A.G., Haryana.

***** NIDHI GUPTA, J. (ORAL) Prayer in the present criminal writ petition under Article 226/227 of the Constitution of India read with Rule 187(2)(b)(ii) of the Haryana Prisons Rule, 2022 praying for issuing a writ in the nature of certiorari for setting aside order dated 29.11.2023 (Annexure P-1) vide which the pre-mature release case of the petitioner was wrongly rejected by the respondents State Level Committee, as its amount to Double Jeopardy and wrong interpretation of the provisions of Rule 187(2)(b)(ii) of the Haryana Prisons Rule, 2022, by passing illegal, arbitrary and Sisyphean order contending that the petitioner does not deserve any concession of Government at the present state because of factual matrix of the case for which she is convicted and deferred the case adjudication for a further period of two year.

The petitioner has undergone the requisite sentence as per Rule 187(2)(b)(ii) of the Haryana Prisons Rule, 2022 and further detention of the petitioner is illegal, violative of Article 14, 16 of the Constitution of India and its amount to Double Jeopardy DIVYANSHI 2024.09.

CRWP-9280-2024 (O&M) -2 - and required to be released forthwith as per Rule 187(2)(b)(ii) of the Haryana Prisons Rule, 2022 (Annexure P-2) and in view of the judgment passed by this Hon'ble High Court in "Pohlu @ Polu Ram vs. State of Haryana and Others" bearing CRWP No.8232-2022 vide order dated 05.02.2024 and in. case titled "Raju Rajesh vs. State of Haryana and Others" bearing CRWP No.2160-2024 vide order dated 11.03.2024. After arguing the matter for some time, when this Court is not inclined to interfere; learned counsel for the petitioner submits that he may be permitted to withdraw the present petition. Permitted to do so.

Dismissed as withdrawn..

Pending application, if any, stands disposed of. 23.09.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.09.25 11:54 I attest to the accuracy and integrity of this document