1 cr-wp-173-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 173 OF 2011 Chandra Kariya Devadiga ] Aged 33 years, Occ: Nil ] Residing at Kundapur, Taluka ] Kundapur, Dist. Udipi, Karnataka State ] (then confined at Kolhapur Central ] Prison, Kalamba, Kolhapur now ] transferred to Mysore Central Prison, ] Karnataka) ]..Petitioner Vs. 1. State of Maharashtra ] 2. The Superintendent, ] Kolhapur Central Prison, ] Kalamba, Kolhapur ] 3. The Superintendent, ] Mysore Central Prison, Mysore ] Karnataka State ]..Respondents .... Mr. N.N.Gawankar Advocate i/b Mr. Arfan Sait Advocate for Petitioner Ms. S.V.Gajare Additional Public Prosecutor for the Respondents .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : MAY 02, 2011 ORAL JUDGMENT [PER P.V.HARDAS, J.] : 1 Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of 2 cr-wp-173-11 admission. 2 By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ directing the respondents to produce the copy of the order of punishment passed by respondent 2 in respect of forfeiture of the petitioner's earned ordinary remission of 605 days and his permanent removal from the remission system. The petitioner also prays for issuance of a writ for quashing of the order and of restoring 605 and 798 days of remission which stand forfeited on the basis of impugned order. 3 The learned A.P.P. on instructions states that the order of forfeiture of the remission and the permanent removal of the name of the petitioner from the remission system, would not be pressed for by the respondents as the respondents would issue fresh show cause notice to the petitioner in respect of the prison offence which the petitioner had committed and would decide the show cause in accordance with law. The aforesaid statement is made by the learned A.P.P. on the basis of instructions provided to the learned A.P.P. by the Superintendent of Prison who is present in Court. We accept the aforesaid statement of the learned A.P.P. and accordingly allow this writ petition to the extent of quashing and setting aside of the impugned order and directing the 3 cr-wp-173-11 respondents to conduct an inquiry afresh from the stage of issuance of show cause notice to the petitioner. The aforesaid inquiry i.e. proceedings of the show cause notice be concluded as expeditiously as possible to the respondents. Learned A.P.P. states on instructions that the proceedings would be concluded within four weeks from the date of issuance of a show cause notice, which would be issued to the petitioner within two weeks from today. The decision in the proceedings shall be communicated to the petitioner. 4 Rule is thus made absolute with no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]