RAJU vs STATE (NCT OF DELHI)

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 29.01.2025 + W.P.(CRL) 218/2025 RAJU .....Petitioner Through: Mr Siddharth Yadav, Advocate. Versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Rupali Bandhopadhya, ASC (Criminal) with Mr. Abhijeet Kumar and Mr. Anurag Arora, Advocates. 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 order Ref. F.10(003470051)/CJ/Legal/PHQ/2024/M-1551 dated 24.12.2024, passed by the Office of Director General of Prisons, Tihar, and issuance of writ in the nature of mandamus seeking grant of first spell of furlough for a period of three weeks. Signature Not Verified W.P.(CRL) 218/2025 Page 1 of 7 Digitally Signed By:AANCHAL TAGGAR Signing Date:06.02.2025 17:54:19 2. The petitioner herein is presently lodged in Central Jail No. 02, Tihar, New Delhi, and is serving life sentence awarded to him in case arising out of FIR No. 1196/2007, registered at Police Station Sultanpuri, Delhi, under Sections 302/307/452/34 of Indian Penal Code, 1860 (hereafter „IPC‟). 3. The petitioner faced trial in FIR No. 1196/2007, and was convicted vide judgment dated 29.08.2012, and vide order on sentence dated 01.09.2012, he was sentenced to undergo life imprisonment by the learned Trial Court. Being aggrieved by the said judgment and order, the petitioner filed Crl. A. No.220/2013 before this Court and the same was dismissed by this Court vide judgment dated 21.07.2015. 4. It is submitted by the learned counsel appearing for the petitioner that the p