Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2831 of 2021 Petitioner :- Usha Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manish Singh,Sushma Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Manish Singh, learned counsel for the petitioner and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Nagendra Kumar, learned A.G.A.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 20.03.2020 passed by Additional Director General Prison and Reform and Services (Respondent no.3). Further prayer is that a direction be issued to the respondents/authorities concerned to immediate return back the petitioner's son to the District Jail Varanasi where from he had been transferred to District Jail, Chitrakoot.
The State authorities shall reconsider the case as from page no.25 of the writ petition, we feel that the proposal does not spell out the reasons for transferring the accused from District Jail Varanasi to District Jail Chitrakoot, which is at a very far of distance. The judgment of the Apex Court in the case of The State of Maharashtra & etc. Vs. Saeed Sohail Sheikh etc. passed in Criminal Appeal Nos.1735-1739 of 2012 arising out of S.L.P. (Crl.) Nos.6390-6394 of 2010, decided on 02.11.2012 will also come in the way of authorities concerned, which seems to have not been perused by the State authorities even the circular issued by the State authorities appears to have not been considered. It appears that due to other reasons the son of the petitioner, who is transferred to Chitrakoot Jail is not even brought to the court at Varanasi neither there is any video linkage in the Chitrakoot Court and Varanasi Court, which is why the trial is delayed.
Learned Additional Advocate General submitted that there is a history of the son of the petitioner. This is orally stated that the order impugned is not spelling out itself. The State authorities shall pass a fresh order and fresh proposal within a period of four weeks from today.
The Court as such during this pandemic are not functioning. We are quashing this order only because it does not spell out reasons. The State authorities are directed to pass a fresh reasoned order and a fresh proposal within a period of four weeks from today. Learned A.G.A. will appraise the officer concerned about the said decision cited hereinabove.
We quash the impugned order as the Court are not yet functioning if his presence in the Varanasi Jail is not conducive of the administration of justice his lodgement back to Varanasi shall remain stayed till fresh orders are passed.
We are thankful to the learned Additional Advocate General and Sri Manish Singh, learned counsel for the petitioner for assisting the Court.
With this observation, the writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.5.2021 R./Faridul