A convict sought a mandamus for confinement in semi-open prison in an FIR under Sections 302/216/34 and 201 IPC without first making any representation to the authorities. The Court held writ jurisdiction cannot be exercised speculatively absent an adverse decision or failure to decide, and dismissed the petition.
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$~100
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
versus
STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State with Mr. Arjit Sharma & Ms. Sakshi Jha, Advs. Inspector Mukesh Kumar & SI Johny Kumar, PSUttam Nagar
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 10.12.2025
“a) Issue a writ in the nature of Mandamus giving direction(s)/order(s) to the respondent for confinement of the petitioner in semi open prison; in FIR NO.385/2010, U/S 302/216/34 & 201 IPC 25 A. ACT, P.S. Uttam Nagar;
b) Pass such further order(s) as this Hon’ ble Court deems fit and proper.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 14:11:15
unwarranted.
AMIT MAHAJAN, J
DECEMBER 10, 2025 “SS”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 14:11:15
1 issue framed by the court
Whether a writ of mandamus can be issued directing the petitioner's confinement in a semi-open prison without any prior representation to or adverse decision by the respondent authorities.
1 provisions across 1 enactments
CHANDER PRAKASH
STATE (NCT OF DELHI)
AMIT MAHAJAN
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
