1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 326 OF 2009 (Raju Shamlal Dube .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINH AND PRASANNA B. VARALE, JJ. 31ST JULY, 2009. Heard Ms. Sangita Gaikee, the learned Counsel for the petitioner and Shri S.J. Jichkar, the learned APP for the respondents. The petitioner/prisoner is seeking transfer from Amravati Central Prison to Paithan Open Prison. The learned APP has brought to our notice that similar request was made by the petitioner by filing Writ Petition No. 64 of 2009 which was disposed of by this Court vide order dated 07.05.2009. It is contended that this Court has already taken a view that the transfer from Paithan Open Jail to Amravati Jail has been made by following the Rules and, therefore, this Court was not inclined to grant any relief to the petitioner on that count. It is, therefore, contended that there is no merit in the petition. The learned Counsel for the petitioner, on the other hand, does not dispute the order passed by this 2 Court on 07.05.2009. However, she contends that because of the change in circumstances, the petitioner is entitled to be transferred back to Paithan Open Prison or at Morshi. At the outset, we want to express that it is entirely the discretion of the DIG (Prisons) to see that which prisoner should be kept in which prison depending upon the relevant facts and circumstances. Similarly, there are Rules which are applicable in this regard and, therefore, unless there is an apparent breach of such Rules by the police or jail authorities, it will not be proper to show indulgence in such matters which pertain to law and order as well as security issues. In the instant case, the earlier writ petition filed by the petitioner came to be rejected by this Court vide order dated 07.05.2009 on the ground that the transfer of the petitioner from Paithan Open Prison to Amravati Central Prison was consistent with the procedure and Rules applicable in this Court. In the circumstances, no case is made out for showing any indulgence. Writ Petition is dismissed. JUDGE JUDGE *rrg.