Allahabad High Court
/11723/2025 of ROHIT KUMAR Vs STATE OF U.P. THRU. SECY. PRIN. (HOME DEPTT.) LKO. AND 3 OTHERS on 9 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11723 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State - respondents. 2. This petition has been taken up on the basis of the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 11723 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE RAJEEV BHARTI, J.
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1. Heard learned counsel for the petitioner and learned A.G.A. for the State - respondents.
2. This petition has been taken up on the basis of the consent granted by this Court on the basis of the urgency expressed by the learned counsel for the petitioner on the ground that petitioner's mother has expired on 08.12.2025 and he is seeking permission to attend the cremation which is scheduled to be held on 10.12.2025.
3. The contention of the learned counsel for the petitioner is that the petitioner has been convicted in Case Crime No.173/2017, under Sections 302, 34 I.P.C. and under Sections 3, 25, 27 of Arms Act and is in jail since the year 2017. His mother has left for heavenly abode on 08.12.2025 and as the petitioner is in jail, consequently is seeking permission on account of he being the younger son and his elder brother having passed away in 2021, to perform the last rites of his mother on 10.12.2025, i.e. tomorrow.
4. Learned A.G.A., on the other hand, on the basis of instructions dated 09.12.2025 sent by Shri Siddhant Singh, Sub Inspector, Police Station -Vibhuti Khand, District- Lucknow, states that the petitioner's mother, namely, Mangla Devi has died on 08.12.2025 and permission from this Court for the petitioner to attend the last rites has also been indicated in the said instructions.
5. Considering the aforesaid, the writ petition is disposed of with a direction to the District Magistrate, Lucknow, Commissioner of Police, Lucknow as well as Jail Superintendent of the District Jail, Lucknow to ensure that the petitioner attends the last rites of his mother scheduled for 10.12.2025. The petitioner would be escorted with due security to the cremation ground on 10.12.2025 at Versus Counsel for Petitioner(s) : Sheel Nidhi Shukla, Priya Mishra Counsel for Respondent(s) : G.A. Rohit Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Prin. (Home Deptt.) Lko. And 3 Others .....Respondent(s)
8:00 A.M. and brought back to jail by 5:00 P.M. on the same day.
6. Learned A.G.A. shall inform about this order to the District Magistrate, Lucknow, the Commissioner of Police, Lucknow as well as Jail Superintendent of District Jail, Lucknow today itself without waiting for a certified copy of this order.
7. Let a copy of this order be provided to the learned counsel for the parties today itself. December 9, 2025 Anand/- CRLP No. 11723 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench