COURT ON ITS OWN MOTION Vs. LIAQAT

JUDGEMENT

(1.) THE respondent was released on emergency parole on account of the ailment of his mother till 25-3-1988. He filed criminal miscellaneous application on 23.3.1988 for extension of parole on the ground that his mother was still admitted in the hospital and at least one person is needed to look after her. On this application, parole period was extended till 6-4-1988 with the direction to surrender on 7-4-1988. The respondent then filed Cr. M. No. 83 of 1988, and the parole period was again extended till 6.5. 1988. Thereafter, he filed Cr. M. No. 122 of 1988 on the ground that his mother is to be operated upon and that he had no other brother and that he is the only male member to look after his ailing mother. The Superintendent Central Jail, Karnal filed written statement to the effect that the respondent-prisoner had two other real brothers and father to look after his ailing mother. Under these circumstances on 6.5.1988 Ujagar Singh J. (as he then was) issued show-cause notice to the petitioner as to why proceedings under section 340 of the Code of Criminal Procedure be not taken against him, for filing false affidavit.

(2.) IN answer to the said notice, the petitioner has filed reply, contending that he is an illiterate person and that his father is very old and confined to bed whereas his other brothers are residing separately from him and his parents. He has stated that there was no other male member in the family to look after his ailing mother.

(3.) RESULTANTLY , notice issued to the respondent is ordered to be discharged. The respondent has been entrusted to the custody of aforesaid Som Parkash H.C. Order accordingly.