{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.636 OF 2010 Anmol Mahadeo Ghodichor PETITIONER Age-Major, Occ-Prisoner, R/o District Open Jail, Paithan, Dist-Aurangabad VERSUS 1. The State of Maharashtra Through Home Department, Mantralaya, Mumbai 2. Superintendent of Jail District Open Prison, Tq-Paithan, Dist-Aurangabad 3. Shri. Hanumanta Posha Sherte, Hawaldar, District Open Prison Paithan, 4. Deputy Inspector General (Prison) Aurangabad Division, Aurangabad 5. Regional Transport Officer, Aurangabad RESPONDENTS ....... Miss.Rashmi P.Gaur, Advocate for the petitioner Mr.D.R.Kale, APP for respondents State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] {2} DATE : 30th September 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.): 1. Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2. At the outset, learned counsel for petitioner very fairly states that the relief sought for by the petitioner at prayer clause “D” to the petition i.e. awarding compensation of Rs.5 lacs, is not pressed by the petitioner. This petition, therefore, is dismissed in so far as it relates to the relief sought for by the petitioner at prayer clause “D” to the petition. 3. By virtue of the relief at prayer clause “C” to the petition, the petitioner has prayed for issuance of a writ directing the respondents to refer the petitioner to an orthopedic surgeon / doctor. 4. According to the petitioner, the petitioner had met with an accident in the jail premises, as a result of which he has developed certain bony deformity and is experiencing constant pain in his knees. According to the petitioner, there is no facility of treatment by an orthopedic doctor in the jail hospital and, therefore, the petitioner is constrained to file the present petition. {3} 5. It appears that the petitioner was referred to Ghati Hospital, Aurangabad on 20.09.2010. Learned APP has made available the examination papers of the petitioner. It appears that the petitioner was examined and certain medicines have been prescribed. Learned APP has also admitted that services of an orthopedic surgeon / doctor are not available in the jail hospital. In that light of the matter, therefore, we partly allow this petition and direct the respondents to refer the petitioner to the Ghati Hospital, Aurangabad as and when the petitioner is required to be examined by an orthopedic surgeon. 6. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/cwp636-10