1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 536 OF 2009 Rajesh Narayan Tambe .vs. State of Mah. & another _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : OCTOBER 16, 2009. Heard Mr. V.H. Khaparde, learned Counsel for the petitioner and Mr. S.J. Jichkar, learned A.P.P. for the respondents. The learned A.P.P. has brought to our notice that the grievance of the petitioner is in respect of inaction on the part of the respondents to transfer him to the Paithan Open Prison. The learned A.P.P. has contended that on earlier occasion for the similar cause the petitioner had filed a Criminal Writ Petition No. 399/08. However, on 4.9.2008 he sought permission to withdraw the same and, therefore, vide order dated 4.9.2008 the said petition was disposed of by this Court and this is the second petition filed by the petitioner for the same cause. The learned Counsel for the petitioner though does not dispute the above referred facts, however, states that the petitioner has only two years to complete the imprisonment and, therefore, is making request to the Competent Authority to transfer him to the Paithan Open Prison. However, the authorities are rejecting his request 2 on one reason or the other and, therefore, the petitioner has approached this Court for the second time. Mr. S.J. Jichkar, learned A.P.P. for the respondents, has filed an affidavit of Jailor, Grade-II, Nagpur Central Prison and in para 5 of the said affidavit it is stated thus :- “It is pertinent to note that, under the Chairmanship of Inspector General of Prisons, Maharashtra State, Pune, the meeting was held on 28/01/2008. The said prisoner was produced before the Open Prison Committee. The selection committee has made his remarks in this chart ‘UNFIT” because as per police verification report the said prisoner is active member of Mumbai Base Notorious Amrar Naik Gang. The remarks of selection committee have been communicated to the petitioner/prisoner. Remarks in chart of selection Committee are annexed as Annexure No. R-II. It is further submitted that the office of the Inspector General of Prisons, Pune Maharashtra State has also informed to the Superintendent of Nagpur Central Prison about the petitioner is unfit for the Open Prison by the letter dated 21.04.2008. This letter has also communicated to the petitioner and has also obtained his signature.” In view of the above referred statement made on oath, we are of the view that no case is made out for showing indulgence. The Criminal Application is dismissed. J. JUDGE JUDGE.