Petitioner sought writ mandamus for parole to execute a sale deed. Court held alternative remedy exists under Section 38(2) of the Registration Act, vacating writ petition.
Petitioner granted liberty to invoke provisions of Section 38(2) of the Registration Act through appropriate authority.
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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8818 of 2020 Petitioner :- Jayvir Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Heard Sri Satyendra Kumar Singh, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent no. 2 to consider and decide the short term bail application (parole) of the petitioner dated 07.07.2020 in Sessions Trial No. 144 of 1986, (State Vs. Amarpal and others), under Sections 147, 148, 302, 149, 307, 452 IPC, Police Station Pilkhuwa, District Ghaziabad (Now Hapur).
Learned counsel for the petitioner submits that as the petitioner wanted to sell his landed property, he be given an opportunity to execute the sale deed before the Sub-Registrar, therefore his parole application be decided as expeditiously as possible.
Learned AGA raised a preliminary objection that petitioner has an alternative remedy under The Registration Act, 1908 which he may avail.
Section 38 of the Registration Act, provides that where a person is in jail under civil or criminal process and is unable to appear at the registration office, he shall not be required to appear for the purpose of registration of a document. Sub section (2) of section 38 of the Registration Act provides that in the case where a person is in jail, the registering officer shall either himself go to the jail in which the concerned person is confined and examine the said person or issue a commission for his examination.
In view of above, the petitioner has alternative remedy under section 38(2) of the Registration Act, therefore, the inherent powers of this Court under Article 226 of the Constitution of Indai, cannot be invoked.
The writ petition is disposed of with liberty to the petitioner to invoke the provisions of Section 38(2) of the Registration Act through the appropriate authority in accordance with law.
Order Date :- 8.10.2020/////Ujjawal
2 issues framed by the court
Whether inherent powers under Article 226 can be invoked to grant parole when alternative remedy exists.
Whether registration documents can be executed while the prisoner is in jail.
Jayvir Singh
State Of U.P.
2 Others
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
