AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2846 OF 2009 Wasudev @ Vikas Vasant Awasthi ... Petitioner Vs. The State of Maharashtra ... Respondents Ms. Indu Varma, amicus curiae advocate. Ms. U.V. Kejariwal, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 25TH FEBRUARY, 2010. P.C.:- 1. The petitioner was lodged in Amravati Central Prison and also in Ratnagiri Special Prison. He was a life convict. We are informed that the petitioner has now been released from the jail as he has undergone the imprisonment. The present petition was sent by him through jail. In short, his case is that while he was in Amravati Central Prison, he fell sick and he had to buy some medicines which were not AJN 2 available at civil hospital. He has incurred expenses of Rs. 4,021.34 for buying the medicines. According to the petitioner, as per the Prison Rules, prison authorities must reimburse him the said amount. The prison authorities do not have the address of the petitioner. 2. Ms. Verma has been appointed as amicus curie to assist the court. She drew our attention to the receipts and the medical record of the petitioner which are annexed to the petition. She submitted that as per the Prison Rules, the prison authorities must make good the amount. Learned A.P.P. took us through the affidavit of Mr. Hiralal R. Jadhav, Deputy Inspector General of Prison, East Zone, Nagpur. The relevant portion of paragraph 24 of the said affidavit reads as follows : “The above said Petitioner submitted in his Writ Petition about medicines which are not available at the said Government Hospital at that time and purchased by him by his own expenditure. I say that the letter of Civil Surgeon, Civil Hospital, Amravati shows that no any medical officer ahs given any prescription to buy AJN 3 any medicine from outside to the present Petitioner. Hereto annexed as Annexure “A” is the said letter dated 4.8.2008 of Civil Surgeon, Amravati and treatment papers and written prescription of above said petitioner as Annexure “B”.” 3. In view of the letter sent by Civil Surgeon, Civil Hospital, Amravati that no medical officer has given the petitioner any prescription to buy any medicine from outside, it is not possible for us to grant the petitioner’s prayer. We have no reason to disbelieve the sworn statement of Mr. Jadhav, Deputy Inspector General of Prison. Hence, the petition is dismissed. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]