NAND KISHORE @ NANDA vs STATE

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st February, 2025 + W.P.(CRL) 2622/2019, CRL.M.A. 35989/2019, CRL.M.A. 35990/2019, CRL.M.A. 12823/2021, & CRL. M.A. NO.16939/2024 NAND KISHORE @ NANDA S/o SH. TOLA RAM R/o: M-21, A-4, H. No. F-52, Street Dilshad Garden, Delhi- 110095 Presently confined in: Open Jail, Tihar Prison Complex, New Delhi . ....Petitioner Through: Mr. Sarthak Maggon, Advocate. versus THE STATE (N.C.T. OF DELHI) ....Respondent Through: Mr. Sanjeev Bhandari, ASC (Crl) with Mr. Arjit Sharma and Mr. Nikunj Bindal, Advocates with Insp.Om Prakash, P.S.Vivek Vihar. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Writ Petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuing Orders to the Respondent for pre- mature release of Petitioner, Sh. Nand Kishore @ Nanda, on the sentence already undergone on account of his exemplary conduct was filed; however, during the pendency of the Petition, the Petitioner has died on 11.05.2024, a Signature Not Verified Digitally Signed By:VIKAS ARORA W.P.(CRL) 2622/2019 Page 1 of 7 Signing Date:06.03.2025 13:05:57 fact which has been confirmed by the Respondent. 2. While it is not denied that the present Petition on account of demise of the Petitioner has become infructuous, but Crl. M.A. No.16939/2024 under Section 482 Cr.P.C has been filed on behalf of the Applicant through his brother, with the Prayers that the affidavit of the Respondent be called on the questions regarding inordinate delay in grant of premature release of the Petitioner and for repeated rejection by the Sentence Review Board without providing any reasons whatsoever. Reliance has been placed on Joseph vs. State of Kerala, W.P. (Crl.) No.520/2022, decided on 21.09.