MOHD. MARGOOB Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition, invoking provision of Sec. 482 Cr.P.C., has been filed for extension of term of parole granted to petitioner on medical grounds.

(2.) Grant of parole to a convict/prisoner is governed by provision of H.P. Good Conduct Prisoners (Temporary Release), Act, 1968 and Rules framed thereunder.

(3.) Omission or commission on the part of concerned authority in granting or rejecting the claim of a prisoner under H.P. Good Conduct Prisoners (Temporary Release) Rules, 1968 is an administrative action, but not an action governed by provisions of Code of Criminal Procedure or any other Criminal Law and therefore, I am of considered opinion that in such a case, instead of filing petition under Sec. 482 Cr.PC, a petition under Article 226 of Constitution of India shall be maintainable.