KBP 1 cr.wp.1669-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1669 OF 2011 Sanjay Sudhakar Kage ..Applicant Vs The State of Maharashtra ..Respondent ­­ Mr.Murtaza Najmi, for applicant. Ms.S.D.Shinde, APP for respondent. ­­ CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 23 rd NOVEMBER, 2011 P.C.: This letter petition is received through jail. According to the petitioner, he is eligible for transfer to the open prison, but his case is rejected on the specious ground that he belongs to Manchekar gang i.e. he is member of gang or is a gangster. 2] However, as per Rule 4(ii)(i) of the Maharashtra Open Prisons KBP 2 cr.wp.1669-11.odt Rules, 1971, the prisoners who are hired and professional murderers as well as per clause (n), if the Inspector General of Prisons considers the convict unfit for being sent to an open prison, shall not be normally sent for confinement in open prison. 3] The learned counsel for the petitioner invited our attention to a communication Exhibit `C’ to this petition. The same is issued by the Senior Police Inspector, N.M.Joshi Marg Police Station, Mumbai dated 11 th March, 2011. According to this letter, the petitioner has no record to indicate that the petitioner is a member of any gang. This argument, though attractive, will have to be rejected. Firstly, because the position noted in the communication dated 11 th March, 2011 is limited to the information available with N.M.Joshi Marg Police Station and not based on the antecedents of the petitioner noted else where. Besides, the petitioner had approached this Court by way of Criminal Writ Petition No.627 of 2010 for the same relief, which came to be rejected on 4 th May, 2010. In that order, the Court has recorded the fact that it is the petitioner who admitted that he is a member of organised gang syndicate and for that reason, the petitioner is not eligible to be transferred to the open prison. We find no reason to KBP 3 cr.wp.1669-11.odt depart from the said conclusion recorded on the earlier occasion. In any case, it is a well established position that the petitioner cannot be permitted to resort to successive petitions for the same relief. Hence, petition is dismissed. 4] The Court expresses words of gratitude for the able assistance given by the learned amicus curiae. 5] Copy of this order be forwarded to the petitioner who is in jail for information. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]