Crl. Misc. No. M-14129 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14129 of 2011 (O&M) Decided on : 19-09-2011 Satya Narayan and another ....Petitioners VERSUS State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- None for the petitioners Mr.Sandeep Mann, Sr. DAG, Haryana MAHESH GROVER, J This is a petition praying for transfer of the petitioners from Central Jail, Hisar to District Jail, Jind. Reply has been filed in the Court today and the same is taken on record. In para nos.1 and 2 thereof it has been averred as follows:- “1. That, the petitioners were convicted and sentenced on 21.2.1998 by the Ld. Court of Addl. Sessions Judge, Jind to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- in case FIR no. 372 dated 16.11.1995 u/s 302, 34, 120-B, 506 IPC, P.S Uchana and were admitted in District Jail Jind and were released on bail on 5.4.2001. Upon dismissal of appeal by this Hon'ble High Court the petitioners were readmitted in District Jail, Jind on 18.7.2007 by the order of Ld. Court of Chief Judicial Magistrate, Jind to undergo remaining portion of their sentence. Both the petitioners were transferred to Central Jail, Ambala on 14.3.2008 by the order of Crl. Misc. No. M-14129 of 2011 (O&M) 2 Director General of Prisons, Haryana, Panchkula. On the request of the petitioners they were further transferred from Central Jail, Ambala to Central Jail, Hisar by order of Director General of Prisons, Haryana on 19.9.2009 and since then they are undergoing above sentence in Central Jail, Hisar. 2. That the transfer case of the petitioner from Central Jail, Hisar to District Jail, Jind was considered and rejected by the Director General of Prisons, Haryana, Panchkula i.e competent authority vide order dated 17.7.2011 conveyed to this office vide endst. no. 17157 DG Jails/2009/G.2 dated 18.7.2011 on the ground that there is overcrowding in District Jail, Jind and the petitioners were informed about this decision.(copy attached as Annexure R-1). Having regard to the aforesaid, when the matters of transfer of a person from one Jail to another is purely in the domain of the respondents, I am of the considered opinion that this Court under Section 482 Cr.P.C cannot direct the respondents to act to the contrary unless there is some material which would suggest arbitrariness or prejudice to the petitioners. There being no such material, petition is held to be without any merit and the same is hereby dismissed. September 19, 2011 (Mahesh Grover) rekha Judge