IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 313 OF 2010 SHRAVAN KUMAR MISHRA S/o HARI PRASAD MISHRA .. PETITIONER VERSUS THE STATE OF MAHARASHTRA .. .. RESPONDENTS Mr. S. S. Bhise, Advocate appointed for the petitioner Mr. R. M. More, APP. CORAM: SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR,JJ. DATED : 12th March, 2010 P.C. The petitioner is lodged in Naini Jail at Allahabad (U.P.) He was initially lodged in Yerawada Central Prison. On his request he was transferred to Naini Jail in February, 2002. The petitioner has now sent a letter stating that he wants to come back to Yerwada Central prison. 2. Our attention is drawn to The Transfer of Prisoners Act, 1950. Rule 3 thereof says that where any person is confined in a prison in a State, under sentence of death, or under or in lieu of, a sentence of imprisonment or transportation, or in default of payment of a fine, or in default of giving security for keeping the peace or for maintaining good behaviour, the Government of that State may, with the consent of the Government of any other State, by order, provide for the removal of the prisoner from that prison to any prison in the other State. 3. Therefore, the petitioner will have to make an application to authorities of the jail in which he is lodged in the State of U.P. The said jail authorities will forward his application to the Government of U.P. The Government of U.P. will then forward it to the Government of Maharashtra for its consent. If Government of Maharashtra grants consent then he will be transferred to Yerwada Central Prison. 4. The petitioner will have to follow the procedure. It is necessary for the jail authorities in U.P. to explain this procedure to the petitioner. As of today no order can be passed by this court. Petition is disposed of. 5. This order be communicated to the prisoner in Naini Jail at Allahabad (U.P.). This order may be also communicated to the Superintendent of Jail, Naini at Allahabad (U.P.) who shall explain the legal provisions to the petitioner so that he can follow the appropriate procedure. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)