Allu @ Allinuddin & Ors v. State of UP & Ors

Supreme Court of India · 07 Mar 2008
K. G. Balakrishnan; R. V. Raveendran
Special Leave Petition (crl.) 554 of 2006
criminal petition_allowed

AI Summary

The Supreme Court ordered the release of petitioners who had completed fourteen years of imprisonment, holding that re-arrest and detention beyond the statutory term without lawful cause is impermissible.

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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Special Leave Petition (crl.) 554 of 2006
PETITIONER:
Allu @ Allinuddin & Ors
RESPONDENT:
State of UP & Ors
DATE OF
JUDGMENT
: 07/03/2008
BENCH:
CJI K. G. Balakrishnan & R. V. Raveendran
JUDGMENT:
JUDGMENT
O R D E R
SPECIAL LEAVE PETITION (CRL.) No. 554 of 2006
WITH
SPECIAL LEAVE PETITION (CRL.) No. 553 of 2006
Dharam Pal & Ors. ... Petitioner (s)
Vs.
State of UP & Ors ... Respondent (s)
SLP (Crl.) No.554 of 2006
Heard learned counsel for the petitioners.
The petitioner no.1 (Allu @ Allimuddin, S/o Sarfuddin), petitioner no.2 (Salekha, S/o Nathuwa), petitioner no.3 (Ramvir Singh, S/o Sukhvir Singh), petitioner no.4
(Ballu, S/o Hasan Taki), petitioner no.12 (Lakhan Singh, S/o Gujraj Singh), petitioner no.19 (Ram Autar, S/o Ram Snehi), petitioner no.24 (Gaffoor, S/o
Maulabaksh) and petitioner no.27 (Chetram, S/o Chunnu Lal) claim that they had completed 14 years of imprisonment on 26.1.2000. After the impugned order passed by the Division Bench of the Allahabad High Court, they were re-arrested and were confined in Central Jail, Agra and Fatehgarh. Petitioners 1 to 4 are at Central Jail, Agra and petitioners 12, 19, 24 & 27 are at Central Jail, Fatehgarh. On verifying their identity and satisfying that they had completed fourteen years imprisonment as on
26.1.2000, they are directed to be released from jail forthwith, if not required in any other case.
The Special Leave Petition (Crl.) No. 554/2006, in so far as those petitioners, is disposed of accordingly.
SLP (Crl.) No.553 of 2006
Petitioner no.13 (Balak Ram, S/o Shiv Shankar), petitioner no.14 (Dhundar, S/o
Ganga), petitioner no.15 (Lakhan, S/o Banwari Lal), and petitioner no. 16 (Rajendra, S/o Sumeri Singh) are stated to have completed 14 years of imprisonment on
26.1.2000. After the impugned order of the Allahabad High Court, they were re- arrested. It is stated that petitioner no.13 is confined in Central Jail, Fatehgarh and petitioner nos. 14, 15, and 16 are confined in Sampoornanand Shivir Sitarganj, Uttamsingh Nagar, Uttaranchal. On verification of their identity and after satisfying that they had completed 14 years of imprisonment as on 26.1.2000, they are directed to be released from Jail forthwith, if not required in any other case.
The Special Leave Petition (Crl.) No.553/2006, in so far as those petitioners, is disposed of accordingly.