RAM SHLOK PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rakesh Pathak, learned counsel for the petitioner and the learned AGA.

(2.) By means of the present petition, the petitioner, who is under trial prisoner has prayed for issuing a writ in the nature of certiorari quashing the impugned order dated 28.11.2014 passed by the Chief Judicial Magistrate, Pratapgarh, whereby permission has been granted to transfer the petitioner alongwith three under trial prisoners from District Jail, Pratapgarh to District Jail, Raebareli on the basis of allegations made in letter dated 24.11.2014 of Superintendent, District Jail, Pratapgarh, and further prayed for issuance of writ in the nature of mandamus commanding the opposite parties directing them that the petitioner may be kept in District Jail, Pratapgarh during his judicial custody in relation to case crime no. 264 of 214 under sections 147,148,149,307 and 302 IPC P.S. Aaspur Devsara, District Pratapgarh.

(3.) The letter dated 24.11.2014 of Superintendent, District Jail, Pratapgarh transpires that petitioner Ram Shlok Pandey and other under trial prisoners are detained in District Jail, Pratapgarh relating to case crime no. 264 of 2014 under sections 147,148,149,307 and 302 IPC P.S. Aaspur Devsara, District Pratapgarh. The present petitioner alongwith three other associates Ram Kailash Yadav, Brajesh Yadav and Kallu Dubey are most indisciplined and hard core criminal of the district. They create hurdle in administrative work. Some of the persons of rival group of them are also detained in District jail, Pratapgarh. There is only one circle in the jail which is used by all prisoners for taking out meal, water and treatment etc. Though the aforesaid prisoners are kept in separate Baracks for the purpose of their security, but there remains apprehension of some mis-happening when they come in circle. It has been brought to the notice of the jail authority that lives of the aforesaid under trial prisoners are in danger from their rival groups who are also detained in jail. Therefore, if the aforesaid prisoners are allowed to remain in District Jail, Pratapgarh, any untoward incident or violence would occur, by which security, discipline and peace of jail may be disturbed. Hence a request has been made to the Chief Judicial Magistrate, Pratapgarh for transfer of the aforesaid prisoners from this Jail to another jail.