2013 ALL MR (Cri) 1221
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)

A.P. LAVANDE AND A.B. CHAUDHARI, JJ.

Nagendra @ Guddu Hariharprasad Dubey Vs. The State Of Maharashtra & Anr.

Criminal Writ Petition No. 41 of 2013

25th February, 2013

Petitioner Counsel: Mrs. S.P. KULKARNI
Respondent Counsel: Ms. K.S. JOSHI

Constitution of India, Art.226 - Transfer from one prison to another - Petitioner accused convicted for offences under Ss.323, 304 and 149 of Penal Code, has sought his transfer from one prison to another - Application for such transfer already made to competent authority - Writ petition disposed of by directing competent authority to take decision on said application expeditiously. (Para 2)

JUDGMENT

A.P. LAVANDE, J. :- Rule returnable forthwith. Heard Mrs.S.P.Kulkarni, learned Counsel for the petitioner and Ms K.S.Joshi, learned A.P.P. for the respondents.

2. The petitioner, who has been convicted by the Additional Sessions Judge, Wardha for the offences punishable under Sections 323, 304 and 149 of the Indian Penal Code along with the other accused has sought his transfer from the Central Jail, Nagpur to the District Prison, Wardha. Reply filed on behalf of the respondent discloses that the petitioner has already made an application dt.8.10.2012 to the competent Authority for his transfer from the Central Jail, Nagpur to the District Prison, Wardha. In the circumstance, the Writ Petition is disposed of by directing the competent Authority to take a decision on the afore-said application made by the petitioner expeditiously and in any case, within a period of six weeks from today.

Rule is made absolute in the above terms.

Fee of Mrs.S.P. Kulkarni, learned Counsel (appointed) for the petitioner is quantified at Rs.1,000/-.

Ordered accordingly.