RANJEET Vs. THIRD ADDL DISTT AND SESSIONS JUDGE

JUDGEMENT

(1.) G. P. Mathur, J. The petition under Article 226 of the Constitution of India has been filed praying that the order dated 6- 9-93 (Annexure-4 to the writ petition) passed by IIIrd Additional District and Sessions Judge, Muzaffarnagar be quashed and a writ of mandamus be issued directing the opposite parties not to arrest the petitioner in pursuance of the aforesaid order.

(2.) THE petitioner Ranjeet was con victed in Sessions Trial No. 45 of 1974 by learned Sessions Judge, Muzaffarnagar under Section 302, IPC and was sentenced to imprisonment for life by the judgment and order dated 9-7-1974. After he had undergone sentence for sometime, he moved an application for pre- mature release under the U. P. Prisoners Release on Probation Act, 1938. This application was considered by the State Government and was postponed for observing his con duct further in jail. THE petitioner then filed a writ petition No. 1517 of 1983 before the Supreme Court praying that a writ of mandamus be issued to the State Government to consider and dispose of his application for release after the expiry of postponed period. THE petition was dis posed of by the Supreme Court by judg ment and order dated 2-1-1984.

(3.) THE counter-affidavit filed by the State on 16-12-1994 (sworn on 14-12-1994) shows that on 10-12- 1984 the State Government passed the following order on the application for pre-mature release moved by the petitioner: "board's recommendation not accepted. Release rejected. Prisoner may apply afresh after six months (without remission) and there after his case will be reconsidered with fresh opinion of District Magistrate. " It is stated in paras 6 and 10 of the counter-affidavit that the jail superintendent hand written a letter to the District Magistrate to get the petitioner's bail cancelled as his ap plication for pre-mature release had been rejected by the State Government on 10-12-1984. It is further stated that bail of the petitioner was rejected by the Addl. Sessions Judge. THEreafter Sri R. P. Singh, Illrd Addi tional Sessions Judge wrote a letter dated 6-9-1993 to get the petitioner arrested. Necessary warrants for this purpose were also sent.