1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI.WRIT PETITION NO.157 OF 2010. NIYAZ AHMED ABDUL JABBAR (IN JAIL) .. VERSUS .. SUPERINTENDENT, MORSHI OPEN PRISON, MORSHI - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M.Ghodeswar, Advocate (Appointed) for Petitioner. Shri P.D.Kothari, A.P.P. for Respondent/ State. CORAM : A.P.LAVANDE & R.C.CHAVAN, JJ. DATE : APRIL 20, 2010. 1. Heard learned counsel for the parties. 2. The petitioner complains that on the night of 8th January, 2010 when the petitioner and some other prisoners were playing Rummy, a game of cards, in the barrack, Superintendent of Prison abused and beat up the petitioner. The respondent has filed an affidavit stating that the prisoners were playing the game of cards which is not permissible in view of sub-rule (r) of Rule 13 of Chapter XXVI of the Prison Discipline Rules. The Superintendent has denied that the prisoner was abused or beaten. Since there is a dispute on facts as to how the incident had occurred and the Superintendent had denied that he had beaten or abused the 2 prisoner, the grievance of the petitioner cannot be looked into in exercise of writ jurisdiction. The petition is, therefore, dismissed. 3. Fees payable to Shri S.M.Ghodeswar, Advocate appointed for the petitioner, is quantified at Rs.Seven Hundred and Fifty. JUDGE JUDGE RR..