Allahabad High Court
Pawan Kumar Panday vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 7 February, 2025
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:8201-DB Court No. - 2 Case :- WRIT - C No. - 1106 of 2025 Petitioner :- Pawan Kumar Panday Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Manish Kumar Tripathi,Aditya Vikram Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
Heard.
The petitioner, an ex-MLA, has filed this petition seeking the following reliefs:-
"(a.) Issue a writ, order or direction in the nature of Mandamus directing the Opposite Party No. 2 i.e. the District Magistrate, Ambedkar Nagar to pass appropriate order by directing the Opposite Party No. 3 i.e. the Superintendent of District Jail, Ambedkar Nagar to provide superior class facility to the petitioner in District Jail, Ambedkar Nagar, in the interest of justice.
(b.) Issue a writ, order or direction in the nature of Mandamus directing the Opposite Party No. 2 i.e. the District Magistrate, Ambedkar Nagar to furnish reply to the letter dated 15.01.2025 sent by the Hon'ble Court of ADJ/Spl. Court MP-MLA, Ambedkar Nagar."
He claims superior class facility in district jail, Ambedkar Nagar wherein he is lodged after conviction.
Learned Standing Counsel has raised an objection as to his eligibility for the same in view of Rule 258 which reads as under:-
"258. (1) Superior class shall not ordinarily be given to a prisoner who has been ordered to be detained under chapter VIII of the Code of Criminal Procedure, 1973, or who has been convicted of any of the following offences:?
(a) offences under Chapter V-A, VI, VII and VIII. section 161; Chapters XII, XV, XVI, XVII and XVIII of the Indian Penal Code;
(b) offences under sections 25 and 27 of the Arms Act, 1959 :
(c) offences under the Prevention of Corruption Act, 1947 ;
(d) offences under the Unlawful Activities (Prevention) Act, 1967 ;
(e) offences under the Control of Goonda Act, 1970;
(f) offences under the Prevention of Food Adulteration Act, 1954
(g) offences of abetment of any of the offences mentioned above ;
(h) offences under section 14 of the Foreigners Act, 1946;
(i) any other offences involving violence or moral turpitude;
(j) offences against women and children;
(k) The Uttar Pradesh Gangster Act, Anti Social Activities Prevention Act, 1986;
(l) any special act dealing with terror, subversive activities or organized crime. (2) If the District Magistrate is satisfied that the prisoners, education, character and antecedent, the nature of the offence committed and the motives thereof justifies superior class treatment to the prisoner, may, either on his own motion or as a recommendation made by the Court of Session or Magistrate under clause (a) of accord superior class ?
(a) to a prisoner not covered by sub-rule (1); and
(b) to a prisoner covered by rule (1) but in very exceptional cases.
(3) A brief note setting forth the grounds on which the superior class is accorded by the District Magistrate shall be furnished to the State Government. (4) The State Government either on its own motion or as recommendation made by the High Court may, for reasons to be recorded in writing likewise accord superior class to a prisoner if it is satisfied that his education, character and antecedents, the nature of offence committed and the motives therefor justify the same."
The submission of the learned Standing Counsel is that the offences for which the petitioner has been convicted are under Sections 147, 148, 149, 307, 427 of the Indian Penal Code and offence under Section 307 falls under Chapter XVI of the Indian Penal Code. However, we find that the petitioner has already approached the Session Court in terms of Paragraph 257 of the U.P. Jail Manual, 2022, who has written a letter to the District Magistrate in this regard. Therefore, if the Session Court is not proceeding with the matter, the petitioner may prefer a petition under Article 227 of the Constitution of India.
In the meantime, the District Magistrate, if there is no legal impediment, should respond to the letter of the Sessions Court expeditiously, unless of course, the decision has already been taken by the District Magistrate. If any such decision has been taken, the same should be communicated to the petitioner, as per law.
The writ petition is disposed of in the aforesaid terms.
Order Date :- 7.2.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.]