Allahabad High Court: In an application filed by the State under Section 482 of Code of Criminal Procedure, (‘CrPC') against the order passed by the Additional Sessions Judge/Special Judge (MP/MLA) for the offences under Sections 307, 506 and 120-B of the Penal Code, 1860 (‘IPC'), wherein the Court as directed the Senior Superintendent of District Jail, Banda to grant superior class to accused/Mukhtar Ansari., Dinesh Kumar Singh,J. held that the impugned order is not only without jurisdiction, but also unsustainable on merits, therefore, it set aside the same.
The Court took note of Paragraph 258 of Uttar Pradesh Jail Manual, 2022, and said that it is evident that in respect of a criminal prisoner, who is an accused before the court whether in trial, enquiry, appeal or revision, the High Court may recommend to the State Government and the Court of Sessions to the District Magistrate for admission of such prisoner to a superior class. However, the superior class shall not be recommended ordinarily to a prisoner who is accused of serious offences mentioned in Chapter V-A, VI, VII and VIII. Section 161; Chapters XII, XV, XVI, XVII and XVIII of the Penal Code besides under other enactments which are mentioned in the said Section.
The Court noted that while considering the recommendation for providing superior class to a criminal prisoner, the State Government must take into consideration the following facts:
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Education of the criminal prisoner;
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Character;
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Criminal antecedents;
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Nature of offence Committed; and
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Motive for committing the offence
The Court held that the impugned order is not only without jurisdiction, but also unsustainable on merits, therefore, it set aside the same.
[State of U.P v. Mukhtar Ansari S, 2023 SCC OnLine All 20, order dated 18-01-2023]
Advocates who appeared in this case :
Counsel for Applicant: – Advocate Ratnendu Kumar Singh
*Apoorva Goel, Editorial Assistant has reported this brief.