1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.469 OF 2009 (Madhukar alias Yadya Lingayya Kaveli vs. State and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND P.B. VARALE, JJ. DATED : SEPTEMBER 29, 2009 Heard Ms. Rane, learned Counsel for the petitioner, and Shri Jichkar, learned Additional Public Prosecutor for the respondents. Ms. Rane, learned Counsel for the petitioner, states that grievance of the petitioner is that he is under-trial prisoner and lodged in the Central Prison, Amravati. He is involved in criminal cases. However, in view of Government Resolution dated 11.12.2006, he is not being produced before criminal Courts and, therefore, his criminal trials are being dragged and his stay in the prison is also being prolonged. It is, therefore, prayed that direction in 2 this regard may be given to the respondents. Shri Jichkar, learned Additional Public Prosecutor states that Home Department of State of Maharashtra issued the said Government Resolution dated 11.12.2006 in view of provisions of Section 268 of Code of Criminal Procedure exempting Court production of dreaded and dangerous naxalites till further orders or till such time regular trial of those dangerous persons or naxalites commences. It is submitted that the list of such persons is given in the said Government Resolution and the petitioner is at serial no.4 in the said list. We have considered the rival contentions and perused Section 268 of Code of Criminal Procedure. Perusal of the said Section shows that the State Government does have the power to issue such Government Resolution provided the State Government before making such order has taken into consideration (a) the nature of offences committed by such persons or the grounds on which the person or class of persons has been ordered to be confined or detained in prison, (b) likelihood of 3 disturbance of public order, if person or class of persons is allowed to be removed from the prison and (c) the public interest. In the instant case, petitioner appears to be dreaded and dangerous naxallite and, therefore, action of the State Government appears to be consistent with the provisions of law. Even otherwise, as per Government Resolution dated 11.12.2006 the exemption from appearance in the Court is only till such time the trial commences and, therefore, it is evident that no sooner the trial of petitioner will commence, the Government will make appropriate arrangement to produce the petitioner before the competent criminal court. In the circumstances, no case is made out for showing indulgence. The criminal writ petition is disposed of. JUDGE JUDGE khj