THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.24140 of 2005 ORDER: In this writ petition, the petitioner seeks a mandamus declaring the action of the second respondent in treating the petitioner as convict prisoner No.5410 pursuant to the order, dated 24.03.2004 passed by the first respondent under Section 122 Cr.P.C., as illegal and arbitrary. With reference to the very same order passed by the first respondent, the petitioner has questioned it, in the earlier round of litigation, in Writ Petition No.21245 of 2004, in which, this Court set aside the said order and compensated the petitioner with an amount of Rs.10,000/- for the alleged wrongful confinement of the petitioner in the prison pursuant to the order passed by the first respondent. In this writ petition, again, the petitioner is seeking declaration that treating him as the convict prisoner is illegal and arbitrary. It is submitted by the learned counsel for the petitioner that the petitioner was not convicted for any offence, as such, treating him as the convict prisoner as per the records maintained in Central Prison, Rajahmundry, is illegal and arbitrary. In view of the fact that validity of the order for imprisonment was already set aside and the petitioner was also compensated vide order, dated 08.04.2005 passed by this Court in W.P.No.21245 of 2004, the petitioner cannot re-agitate the matter for award of compensation on the ground that respondent No.2 is treating him as the convict prisoner. Even otherwise, as per definition under Section 3(3) of the Prisons Act, 1894, “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882. It is not in dispute that the earlier order, which was passed against the petitioner, is by the authority competent under Chapter VIII of the Code of Criminal Procedure. In that view of the matter, I am of the opinion that the petitioner was rightly treated as the convict prisoner as per jail records. For the aforesaid reasons, I do not find any merit in the writ petition, which is accordingly, dismissed. There shall be no order as to costs. _______________________ R.SUBHASH REDDY, J 8th DECEMBER, 2009. kvni