Petitioner sought transfer from central to open prison. Court found no perversity in rejecting the application as record did not support interference and rejected the writ petition.
Writ petition rejected; fees of appointed counsel quantified at Rs. 1500/-.
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WP177-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No.177/2016
(Rajendra Dinasingh Rathod .vs. The State of Maharashtra and others. )
------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Ms.M.N. Hiwase, Advocate (Appointed) for Petitioner. Mrs. S.S. Jachak, APP for Respondents
CORAM : B.R. Gavai & V.M. Deshpande, JJ. DATED : July 04,2016.
The petition has been filed by the petitioner praying for transfer of the petition from Central Prison to Open Prison.
From the perusal of the past record of the petitioner which is placed on record in the affidavit filed by respondent no.3, it cannot be said that the discretion exercised by the authorities in rejecting his application is perverse or in an arbitrary manner.
In that view of the matter, no case is made out for interference. Writ petition is rejected.
The fees of the learned counsel appointed for the petitioner are quantified at Rs.1500/-.
JUDGE
JUDGE
halwai
1 issue framed by the court
Whether the discretion exercised by the authorities in rejecting the petitioner's application for transfer to open prison was perverse or arbitrary?
Rajendra Dinasingh Rathod
The State of Maharashtra
B.R. Gavai
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
