DEEPAK vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 31.01.2025 + W.P.(CRL) 291/2025 & CRL.M.A.2568/2025 DEEPAK .....Petitioner Through: Mr. Archit Upadhayay, Adv. (DHCLSC) versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC for the State CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J (ORAL) 1. By way of the present petition filed under Article 226 of the Constitution of India read with Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereafter „BNSS‟), the petitioner seeks issuance of writ in the nature of certiorari for quashing of rejection order Ref. F.10(3738211)/CJ/Legal/PHQ/2024/8756 dated 05.12.2024, passed by the Office of Director General of Prisons, Tihar, and issuance of writ in the nature of mandamus seeking grant of second spell of furlough for a period of three weeks. 2. Brief facts of the present case are that the petitioner herein was Signature Not Verified W.P.(CRL) 291/2025 Page 1 of 5 Digitally Signed By:AANCHAL TAGGAR Signing Date:13.02.2025 15:12:23 convicted in case FIR No. 582/2016, registered at Police Station Shahbad Dairy, Delhi, for offence under Sections 376 of Indian Penal Code (hereafter „IPC‟) and Section 6 of Protection of Children from Sexual Offences Act, 2012. After completion of trial on 24.07.2018, the petitioner was held guilt for the offence under Section 376(2)(i) of IPC and accordingly convicted and awarded the sentence of rigorous imprisonment for life and fine of Rs. 20,000/-, and in default of payment of fine, simple imprisonment for 60 days, vide order on sentence dated 28.07.2018. The appeal against his conviction filed by the petitioner i.e. CRL.A. 925/2018 was dismissed by this. Court on 27.04.2023, upholding the order passed by th