Hon'ble Rajeev Singh,J.
Shri V.K. Shahi, learned Additional Advocate General for the State has produced before this Court, the order dated 26.09.2020 passed by the Special Secretary, Government of Uttar Pradesh, Prison Administration and Reforms Section, Lucknow, and a report from Station House Officer, Ambedkar Nagar showing details of criminal history of petitioner's husband, which are taken on record.
Heard Shri Syed Anzar Husain, learned counsel for the petitioner and Shri V.K. Shahi, learned Additional Advocate General assisted by Shri Anurag Verma, learned AGA for the State-respondent nos.1 and 2.
Respondent nos.3 to 7 are IPS, IAS, STF officers who have been made parties by name. We do not deem it appropriate to issue notices to them, hence, no notice is required to be issued to respondent nos.3 to 7.
Learned counsel for the petitioner argued that there are three cases registered against the petitioner's husband, which are, (1) C.R. No.0338/2020 under Sections 147, 420, 386, 506, 427 of IPC at Police Station Baskhari, Ambedkar Nagar District, Uttar Pradesh, (2) C.R. No.0180/2020 under Sections 365, 342, 386, 419, 420 of IPC at Police Station Haswar, Ambedkar Nagar District, Uttar Pradesh, (3) C.R. No.0181/2020 under Sections 365, 386, 419, 420, 506 of IPC at Police Station Haswar, Ambedkar Nagar District, Uttar Pradesh.
It is further stated that the petitioner had earlier approached this court by filing a writ petition in Misc. Bench No.7526 of 2020, as the petitioner's husband was transferred to Sitapur Jail, but the petition was disposed of vide order dated 17.03.2020 by this Court, as the petitioner's husband was already transferred to Hardoi Jail from Central Jail, Lucknow.
He further submitted that the petitioner's husband apprehends a threat to his life from the Police Authorities and hence, she has come up before this Court with the following prayers:-
"i) Issue a writ, order/direction in the nature of mandamus commanding the respondents to transfer the petitioner's husband from Lalitpur U.P. Jail to Lucknow Jail U.P. for the safety and security of petitioner's husband.
ii) Issue a writ, order or directions in the nature of Mandamus commanding the opposite parties to conduct and proceed the case through videoconferencing.
iii) Issue a writ, order or directions in the nature of Mandamus for judicial enquiry w.r.t. threats, violation of rights, and acting ultra virus for extraneous purposes by high profile police and Home Department Officials including Jail Department Officials; and/or.
iv) Issue a writ, order/direction in the nature of interim mandamus staying all the FIR registered against Khan Mubarak and all Trial proceeding during the pendency of present criminal writ petition. The FIR i.e. (1) C.R. No.0338/2020 under Sections 147, 420, 386, 506, 427 of IPC at Police Station Baskhari, Ambedkar Nagar District, Uttar Pradesh. (2) C.R. No.0180/2020 under Sections 365, 342, 386, 419, 420 of IPC at Police Station Haswar, Ambedkar Nagar District, Uttar Pradesh. (3) C.R. No. O 181/2020 under Sections 365, 386, 419, 420, 506 of IPC at Police Station Haswar, Ambedkar Nagar District, Uttar Pradesh.
v) Issue any other suitable writ, order or direction/(s) which this Hon'ble Court deem fit and proper in the interest of justice and humanity."
Shri V.K. Shahi, learned Additional Advocate General for the State has drawn attention of this Court towards the order dated 26.09.2020 passed by the Special Secretary, Government of Uttar Pradesh, Prison Administration and Reforms Section, Lucknow, whereby on the administrative ground the petitioner's husband has been transferred from District Jail, Hardoi to District Jail, Lalitpur, where the petitioner's husband is confined at the present moment. The said order dated 26.09.2020 has not been challenged by the petitioner.
Shri V.K. Shahi, learned Additional Advocate General has further drawn attention of this Court towards a report from Station House Officer, Ambedkar Nagar showing details of criminal history of petitioner's husband. The report enlists around 35 criminal cases for serious offences registered against the petitioner's husband from time to time and on the perusal of the same, it is apparent that there are at least six cases registered against the petitioner's husband under section 302 IPC including various other serious offences and offences under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The criminal history of the petitioner's husband runs since the year 2006 till 2021.
After having examined the submissions advanced by learned counsel for the parties, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for grant of any relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
However, it will be open for the petitioner to avail the appropriate remedy, as available to her and her husband, as the case may be, under law, before the appropriate forum at appropriate stages.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 9.2.2021 Arnima