MOHAMMAD DAUD ALIAS MOHD SALEEM Vs. SUPERINTENDENT OF DISTRICT JAIL
LAWS(ALL)-1992-9-27
HIGH COURT OF ALLAHABAD
Decided on September 28,1992

Mohammad Daud Alias Mohd Saleem Appellant
VERSUS
SUPERINTENDENT OF DISTRICT JAIL Respondents

JUDGEMENT

A.B.SRIVASTAVA, J. - (1.) THESE are three connected writ petitions under Article 226 of the Constitution of India, in relation to one and the same matter filed on different dates, hence are being disposed of by a common judgment.
(2.) THE writ petition No. 10870 of 1991 was filed on 15 -4 -1991 for mandamus directing the Superintendent, District Jail, Moradabad not to transfer the petitioner from, the said jail to Bombay in pursuance of warrants received from the City Sessions Court Greater Bombay and to release him the moment he receives releases order in Crime No. 96 of 1983 under Sections 392/397, IPC. P.S. Hazarat Nagar Garhi, Moradabad. It was admitted on 1 -10 -1991. By means of the Habeas Corpus Petition No. 24268 of 1991 filed on 12 -9 -1991 the Petitioner prayed for issuance of a writ of habeas corpus directing the. respondents No. 1 and 2, Superintendent District Jail, Moradabad and states of Uttar Pradesh respectively to release the petitioner from detention in the District Jail, Moradabad and also for a writ of mandamus prohibiting the respondents from transferring the petitioner to any other jail outside the district of Moradabad. This petition was originally filed impleading the Superintendent, District Jail, Moradabad and the State of Uttar Pradesh as respondents Nos. 1 and 2, respectively. It was admitted on 1 -10 -1991 and rule nisi was issued to the respondents on 28 -10 -1991, an interim order restraining, transfer of petitioner to any jail outside Moradabad was passed. Subsequently, on the application of the petitioner by an order dated 13 -1 -1992 of this court, the Superintendent Central. Prison, Nasik (Maharashtra), and the Senior Inspector (Police), Detention of Crime Branch, C.I.D. Unit No. 5, Bombay were impleaded as respondents Nos. 3 and 4 respectively, and notices for return be issued to them.
(3.) WRIT Petition No. 5105 of 1992 was filed on 12 -2 -1992 against the Sessions Judge, Moradabad and the Special Judge, Moradabad for mandamus directing them not to shift the petitioner to Bombay or any prison outside Moradabad, to comply with interim order dated 28 -10 -1991 in Habeas Corpus Petition No. 24268 of 1991 and to release him on bail in pursuance of order dated 27 -3 -1991 of this court in Crime No. 96 of 1983 aforesaid.;


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