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SCR.A/174/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 174 of 2011
=================================================
ZAKIR
HUSSAIN ABDUL KHALIL SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=================================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MS CM SHAH APP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 31/01/2011
ORAL
ORDER
Perused
the petition preferred by the petitioner through jail.
The
petitioner convict of the offence punishable under section 302 of the
IPC has preferred this petition against the order passed by the
competent authority of refusing to transfer him from Central Jail,
Vadodara to Central Jail, Ahmedabad at Sabarmati on the ground that
family of the petitioner, including his parents is staying at
Ahmedabad and they suffer undue hardship, if he is not transferred,
as prayed above.
The
competent authority, after considering the relevant aspects found
that the application preferred by the petitioner was not as per the
permissible Re-Classification Rules. Besides the petitioner has
roots in the city of Ahmedabad and, therefore, the competent
authority formed the opinion that the petitioner should continue at
Vadodara Central Jail.
Having
heard learned APP and on perusal of the record, in any manner it
cannot be said that the view taken by the competent authority is
unreasonable or contrary to law. No interference is called for by
this Court in exercise of powers under Article 226 of the
Constitution of India.
This
petition stands dismissed accordingly.
[Anant
S. Dave, J.]
*pvv
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