Himachal Pradesh High Court: Vivek Singh Thakur, J. dismissed the petition filed under Sec 482 Criminal Procedure Code (‘CrPC') for extension of parole as the right remedy is under Article 226 of Constitution of India.
The instant petition was filed under Section 482 CrPC seeking extension of term of parole granted to the petitioner on medical grounds.
The Court noted that grant of parole to a convict/prisoner is governed by provision of H.P. Good Conduct Prisoners (Temporary Release) Act, 1968 and Rules framed thereunder.
The Court observed that omission or commission on the part of concerned authority in granting or rejecting the claim of a prisoner under H.P. Good Conduct Prisoners (Temporary Release) Rules, 1968 is an administrative action, but not an action governed by provisions of Code of Criminal Procedure or any other Criminal Law and therefore instead of filing petition under Section 482 CrPC, a petition under Article 226 of Constitution of India shall be maintainable.
The Court thus dismissed the petition with liberty to file a fresh comprehensive petition and directed the Authority not to take any coercive action till 15-07-2022.
[Mohd. Margoob v. State of HP, Criminal Misc. Petition (Main) No. 470 of 2022, decided on 21-06-2022]
Advocates who appeared in this case :
Vinod Kumar, Advocate, for the Petitioner;
Hemant Vaid, Advocate, for the Respondent.
*Arunima Boase, Editorial Assistant has reported this brief.
