Delhi High Court
W.P.(CRL)/2673/2026 of UMESH Vs STATE OF NCT OF DELHI on 2 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010411712026 + W.P.(CRL) 2673/2026, CRL.M.A. 27033/2026 & CRL.M.A. 27034/2026 UMESH .....Petitioner Through: Mr. Harsh Prabhakar, Adv. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC CORAM: HON'BLE MS. JUSTICE MADHU JAIN
$~85
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010411712026
+
W.P.(CRL) 2673/2026, CRL.M.A.
27033/2026
&
CRL.M.A.
27034/2026
UMESH
.....Petitioner
Through:
Mr. Harsh Prabhakar, Adv.
versus
STATE OF NCT OF DELHI
.....Respondent
Through:
Mr. Rahul Tyagi, ASC
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 02.09.2026
1. This hearing has been conducted through hybrid mode.
2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) seeking following reliefs: “a. Issue a writ or order in the nature of Mandamus directing the respondent to allow the Petitioner's family to attend to him during his entire post-operation stay in LNJP Hospital.; and
b. Pass any other order or further orders, which this Hon'ble Court deems fit and proper in the interest of justice;”
3. Learned counsel for the petitioner submits that the petitioner is required to undergo gall bladder surgery and is to be admitted to the hospital on 21.09.2026, with the surgery tentatively scheduled for 23.09.2026. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:48:00
4. Learned counsel for the State, appearing on advance notice, submits that in terms of Rule 479(C) of the Delhi Prison Rules, 2018, the petitioner may make a representation before the concerned Jail authorities/Jail Superintendent, which can be considered and decided by them in accordance with law.
5. Considering the shortage of time between today and the tentative dates of admission and surgery respectively, the present petition shall therefore, be treated as a representation made by the petitioner to the concerned Jail Authorities/Jail Superintendent. The competent authority shall consider and decide the same, in accordance with law, within a period of one week from the date of receipt of a copy of this order.
6. Accordingly, the present petition is disposed of.
7. Nothing herein above shall influence the concerned Jail authorities / Jail Superintendent while deciding the aforesaid representation of the petitioner.
8. A copy of this order be sent to the concerned Jail Authorities / Jail Superintendent for necessary information and compliance.
9. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 2, 2026/JYH/PG This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:48:00