Disposed

Vemavarapu Praveen Kumar v. The State of Telangana and 3 others

Telangana HC19 Jul 2021WP/14242/2021

Case brief

AI extract

What is this about?

The High Court condensed the petitioner's parole overstay period attributed to a recent marriage and directed him to report to the jail superintendent within a specified timeframe, also disposing of the writ petition challenging the inaction on parole extension.

What did the court decide?

Condoned the period of parole overstay from 11.07.2021 till 21.07.2021 and directed reporting by 22.07.2021.

Vemavarapu Praveen Kumar Vs The State of… — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT FOR THE S'I r"o;;,;,'31E,35 l5.iLlli!,*f^{Ar HYDE RABAD}

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MONDAY, THE NINETEENTH DAY OF JULY TWO THoUSAND AND rweNrrOr.ri

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PRESENT

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THE HON'BLE SRIJUSTICE K. LAKSHMAN

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t.A.NO 20F 2021 AND

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Between:

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WRIT PETITIO N NO: 14242 oF2 o21

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Vemavarapu praveen Kumi R:lilir:i1,X#^{6[T,'Jf#,il],T:i:;:9A}t'-'"Xti.1p.?J A.",{i',ii"nr.n,,,

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AND

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...PETITIONER

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pa I s ecreta ry' Ho me ( S e rvices )

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] Ilifl^ila.il i33[t't;ii'fi i;3[ [',t'.''"i z. rne urrector Generar and rnspector Generar of prisons and correctionar ^^{Servi_ces,State of Telang"na,HvO-eriU,}

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illsSlffi ,i:'""J"xf^{tJ,.",ll.."n:lilf.:*:r::trict,Nizamabad}

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...RESPONDENTS

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Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue an appropriate writ, order or Direction, more particurarry one in the nature of writ of Mandamus, to decrare the inaction of the Respondent Nos.1 and 2 herein in passing orders on the representation dated 17r6t2021 submitted for extension of Parole for period of g0 days as being i[egar, arbitrary and unjust, and consequenay direct the respondents herein to extend the parore for a period of 9o days by considering the representalion dl. 171612021 .

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lA NO: 1 OF 2021

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant stay of all further proceedings'pursuant to the orders passed by the lstrespondent bearing G.O.Rt.No.886, dt. 111612021 , pending disposal of the main Writ petition. lA NO: 2 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders for regularization of the period of over stay after the date of expiry of surrender before the 4th respondent from 11 17 12021 onwards.

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Counsel for the Petitioner: SRl. G. JAYA REDDY

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Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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I I

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( (

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THE HONOURABLE^{SRI JUSTICE K'LAKSHMAN}

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I.A.NO.2 0F²⁰²¹ ANO WRIT PETITION^{No.14242 OF 2021}

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ORDER:

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ThisWritPetitionisliledtodeclareinactionofrespondent Nos.1 and 2 in^{passing orders on the representation dated17 '06 '2021} submitted^{by the petitioner for extension of parole for a period of 90} daysfrom:.o,06,202|asillegalandissueconsequentialdirectionto consider his^{representation dated17 .06.2021'}

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Heard Sri G.Jaya^{Reddy, learned counsel for the petitioner and} the learned Assistant^{Government Pleader for Home and perused the} record.

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Vide letter dated L7.O6.2021, the^{petitionerhas requested l"t} respondent to extend parole by three months on the^ground that^his marriage was performed on 16.06.2021 but the same was rejected on the ground that it was not feasible.

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A perusal of the record would reveal that the parole was granted to the petitioner herein vide G.O.Rt.No.451 Home(Ser.lll), Department dated 04.05.2021 for a period of 30 days and the same was extended twice and the petitioner has to surrender before 4th respondent on ll.O7 .202L . But the petitioner over-stayed beyond the period of parole. The reason mentioned by the petitioner for over-stay is that his marriage was performed on 16.06.2027.

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According to the learned counsel for the petitioner, the parole granted in favour of the petitioner was expired on 1O.O7.2021. He was overstayed from 11.07.2O21. Therefore, the petitioner herein has filed I.A.No.2 of 2021 to condone the said overstay period. In the affidavit, there is specific mention that he has over-stayed due to his marriage. In proof of the said marriage, the petitioner has filed photographs.

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Learned counsei for the pefitioner has, also reiied upon the order passed by the Hon,ble Apex Court in su)_moto w.p.(C) *,o , o'r' ,",o1o."'' Considering the sajd facts, the over_shy period of the petitioner from 1 LOT,2O21 till today and for future period upto 21 .07.2021 is condoned. It is directed that the petitioner shall report to the 46 respondent by 22.02.2O2lwithout fail.

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With the said directions, the I.A.No .2 of 2021 is ordered accordingly and also Writ petition is disposed of.

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Miscellaneous petitions, if any, pending, shall also stand closed.

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SD/. I.NAGALAKSHMI ASSISTANT REGISTRAR

//TRUE COPY//

-.'

SECTION OFFICER

To,

The Principal Secretary, Home (Services) Department, State of Telangana Secreteriat, Hyderabad

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The Director General and lnspector General of Prisons and Correctional Services, State of Telangana, Hyderabad.

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The Commissioner of Police, Nizamabad^{District, Nizamabad}

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4 The Superintendent, District Jail, Nizamabad.

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5 One CC to Sri. G. Jaya Reddy,^Advocate [OPUC] 6 iwo CCs to GP for Hbme,^{Hi6h Court for ihe Staieof Telangana at Hyderabad} tourl

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Two CD Copies One Spare Copy

CHR

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HIGH^COURT

DATED:1910712021

ORDER

I.A.NO.2 0F 2021

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WRIT PETITION NO:^{14242 OF 2021}

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ORDERING THE l.A.No.2 of 2021 AND DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Vemavarapu Praveen Kumar v. The State of Telangana and 3 others

Case brief

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Vemavarapu Praveen Kumar v. The State of Telangana and 3 others

Case brief

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