VIKASH TIWARY @ VIKASH NATH TIWARY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2016-3-84
HIGH COURT OF JHARKHAND
Decided on March 08,2016

Vikash Tiwary @ Vikash Nath Tiwary Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) In this application, the petitioner has prayed for quashing the order dated 30.10.2015 passed by the learned CJM, Ramgarh whereby and whereunder on the prayer made by the Inspector General (Prison), Jharkhand the petitioner has been directed to be transferred from Lok Nayak Jay Prakash Narayan Central Jail, Hazaribagh to Dumka Central Jail. A further prayer has been made for quashing the order dated 02.11.2015 by which the prayer of the petitioner not to shift to any other jail from Hazaribagh Central Jail has been rejected.
(2.) In connection with Patratu P. S. Case No. 309 of 2014 which was instituted for the offences punishable under Sections 364/34 of the Indian Penal Code the petitioner was arrested and was lodged at Hazaribagh Central Jail as an under trial prisoner. A letter bearing no. 5116 of 2015 dated 29.10.2015 along with Memorandum bearing no. 2699 dated 28.10.2015 was issued by the Inspector General of Prisons, Jharkhand in which a request was made to the learned trial court for transferring the petitioner from Lok Nayak Jay Prakash Narayan Central Jail, Hazaribagh to Dumka Central Jail.
(3.) The learned Chief Judicial Magistrate, Ramgarh vide order dated 30.10.2015 was pleased to pass an order allowing such prayer made. Since the petitioner was apprehending a threat to his life, he filed an application on 30.10.2015 before the learned Chief Judicial Magistrate, Ramgarh not to shift him from Hazaribagh Central Jail to Dumka Central Jail. However, in terms of the order dated 02.11.2015 the prayer made by the petitioner was rejected.;


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