DEVENDER KUMAR vs STATE (NCT OF DELHI)

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd March, 2025 + W.P.(CRL) 3744/2024 DEVENDER KUMAR .....Petitioner Through: Mr. Vinayak Bhandari, Mr. Jaiswal Singh, Ms. Teesta Mishra and Mr. Ishaan, Advocates versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Amol Sinha, ASC for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi and Ms. Sanskriti Nimbekar, Advocates with SI Neha, PS: New Ashok Nagar % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. This petition has been filed seeking the following reliefs: - “i. Issue a writ petition under article 226 and 227 of the Constitution Of India for the issuance of writ in the nature of Certiorari for quashing of the order Ref no. F .10(3 781883)/CJ/LEGAL/PHQ/2024/6932 dated 09.10.2024 passed by the DG prisons and in the nature of Mandamus directing the respondent to release the petitioner on 1st spell of furlough of three weeks in FIR No. 419/2012, P.S New Ashok Nagar & U/S 302/307 IPC.” 2. The Petitioner’s application seeking release on furlough has been Signature Not Verified Digitally Signed By:MAHIMA SHARMA W.P.(CRL) 3744/2024 Page 1 of 4 Signing Date:04.03.2025 19:05:44 rejected by the competent authority vide impugned order dated 09.10.2024. It is stated in the impugned order that Petitioner herein was released on emergency parole w.e.f. 26.06.2020, which was extended from time to time till 15.03.2021 during the COVID-19 pandemic. It records that the Petitioner failed to surrender and was in fact re-arrested on 28.06.2021 in another criminal case i.e., FIR No. 210/2021 registered under Section 387 of Indian Penal Code (IPC), PS: Preet Vihar, Delhi. It further records that in view of the aforesaid unsatisfactory conduct of the Petiti