OMKAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri P. C. Srivastava, learned Counsel for the petitioner, Shri S. N. Singh, learned Counsel for opposite party No. 4 and learned Government Advocate

(2.) AFTER partly hearing the case on 11-12-2006, we had directed that the case be put up today, i. e. 12-12- 2006 in order to enable the jailor, district jail Basti to submit an explanation as to how respondent No. 4, Ramvriksh Yadav was transferred to the district hospital as was mentioned the supplementary affidavit filed by the petitioner date 30-11-2006 as we were not satisfied by the counter-affidavit of the jailor Sri Mahabir Pal dated 11-12-2006.

(3.) IT. is clearly mentioned in paragraph 1058 of the Jail Manual that ordinarily transfers shall not be made from jail to the district hospital unless the condition of the prisoner is very serious or he needs some operation which cannot be done in the jail hospital.