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Judgment
Hon’ble Pankaj Purohit, J. (Oral)
Petitioner has filed the present criminal writ petition, seeking a Mandamus commanding respondent-authorities to transfer her husband-Lalit Kumar Mahendra, from District Jail, Pithoragarh to District Jail, Rudrapur, District Udham Singh Nagar, having regard to his serious medical condition and further another ancillary relief.
Petitioner’s husband is under incarceration in connection with FIR No.0232 of 2024 dated 02.09.2024 under Section 318(4), 336(3), 338 and 340(2) of the BNS, registered with Police Station Transit Camp, District Udham Singh Nagar.
From perusal of the record, it transpires that petitioner’s husband was shifted to the District Jail, Pithoragarh on 01.10.2026 due to his bad conduct in the jail, which is reflected by the letter sent by Superintendent, Sub-Jail, Haldwani, District Nainital dated 25.09.2026 (Annexure No.4 to the writ petition). Immediately thereafter, petitioner has filed present criminal writ petition before this Court for the aforesaid reliefs.
So far as the medical condition of the petitioner’s husband is concerned, it is submitted by learned State Counsel, on telephonic instruction, that petitioner is suffering only of Diabetes and Blood Pressure.
Having heard the rival submissions of learned counsel for the parties and having gone through the material available on record, this Court is of the view that medical condition of petitioner’s husband is not serious enough to require him to shift from District Jail, Pithoragarh to District Jail, Rudrapur, District Udham Singh Nagar.
In view of the above, no interference is warranted. The criminal writ petition is accordingly dismissed in-limine. The Superintendent, District Jail, Pithoragarh is hereby directed to provide medical facility to petitioner’s husband, as per the Jail Manual.
Pending application stands disposed of.