DBCRLMP 1355/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Criminal Misc. Petition No.1355/2010 Chhitar Mal Versus State of Raj. DATE OF ORDER : 08/11/2010 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI By Post. Mr. J.R. Bijarnia, P.P. for the State *** This D.B. Criminal Misc. Petition No.1355/2010 was treated as a petition under Section 482 Cr.P.C. It was received by Post from the Jail where the petitioner namely; Chhitar Mal S/o Purilal is lodged undergoing life imprisonment in pursuance of the judgment of the learned trial Court, District & Sessions Judge, Kota dated 15/12/1998 in Sessions Case No.88/1995 arising out of FIR No.364/1994. The petitioner had sought a direction for giving him the benefit of Section 428 Cr.P.C. which was denied to him by the learned trial court vide judgment dated 15/12/1998 and the High Court while deciding his appeal vide judgment dated 19/05/2003 did not advent on the aforesaid question as to whether the benefit of Section 428 Cr.P.C. could be granted to the petitioner. The petitioner sent this letter petition before this Court on 04/06/2010. In the meanwhile, the petitioner had also sent a DBCRLMP 1355/2010 [2] petition before the Principal Seat at Jodhpur being D.B. Criminal [Parole] Writ Petition No.6438/2010, Chhitar Mal Vs. State of Rajasthan, which came to be decided at the Principal Seat of this Court on 27/09/2010. The Division Bench at Jodhpur after considering the petition sent by the petitioner on the ground of benefit of Section 428 Cr.P.C. allowed the same and directed as follows: “In view of the above reasons, this writ petition is allowed and it is held that the petitioner shall be entitled to benefit of set off the period of detention undergone by him during the investigation, enquiry or trial, as the case may be, suffered by him before the date of his conviction and the respondents will be free to pass appropriate order accordingly, in case, the petitioner's case is considered for any benefit due to his serving sentence in consonance with the provisions of Section 428 read with Section 433A Cr.P.C.” After the aforesaid decision, the petitioner Chhitar Mal through the Superintendent, Open Jail, Kota has sent a letter dated 27/10/2010 stating therein that in view of the judgment in D.B. Criminal [Parole] Writ Petition No.6438/2010 dated 27/09/2010 granting the benefit of Section 428 Cr.P.c. to the petitioner, the petitioner does not want any further direction from this Court. DBCRLMP 1355/2010 [3] In view of the above and more particularly the decision dated 27/09/2010 passed by the Division Bench at Jodhpur in the case of the petitioner allowing his writ petition and granting him the benefit of Section 428 Cr.P.C. this petition stands disposed of. [S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA1355CMP2010 8-11.doc