MADHUMANI TRIPATHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner is a convict. She was sentenced to undergo imprisonment for life. Her criminal appeal (Criminal Appeal No.529 of 2007) was dismissed by this High Court on 16/7/2012.

(2.) After serving more than 18 years, including remission, in jail, the petitioner had moved a representation for granting the benefit under Sec. 432 of the Code of Criminal Procedure, 1973 before the Remission Committee, constituted by the Uttar Pradesh Government, which referred the matter to the State of Uttarakhand for its consideration. But, the State of Uttarakhand had not considered her matter. Therefore, she had filed a Writ Petition (WPCRL No.232 of 2021) under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus commanding the respondents to release the petitioner in terms of the provisions contained under Ss. 432, 433 and 433A of the Code of Criminal Procedure, 1973.

(3.) The Co-ordinate Bench of this High Court disposed of the said WPCRL No.232 of 2021 on 5/5/2021 with the direction that in case, the writ petitioner moves an application seeking remission under the Cr.P.C., the "appropriate Committee", constituted by the State Government will consider and decide the same, strictly in accordance with law, as early as possible, preferably within 45 days from the date all necessary formalities are complete which are required to be made in this regard.