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2025 Supreme(SC) 1795

DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Hansraj – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Parinav Gupta, Adv. Mr. Pardeep Gupta, Adv. Mrs. Mansi Gupta, Adv. Mr. Rakshit Rathi, Adv. Mr. Anuj Kumar Garg, Adv. Dr. Mrs. Vipin Gupta, AOR
For the Respondent(s): Mr. Rohit K. Singh, AOR Mr. Neeraj Shekhar, Adv. Mr. Yashveer Singh, Adv. Mr. Shivansh Pundir, Adv.

JUDGMENT

DIPANKAR DATTA, J.

1. This Court’s extraordinary writ jurisdiction under Article 32 of the Constitution has been invoked by the petitioner, who is a murder convict. As per the custody certificate issued on 14th August, 2025, the petitioner is in custody for a period of 3 years 10 months 28 days. Relief that is claimed in this writ petition reads as follows:

    “A. issue a Writ of Mandamus of any similar writ, order or direction thereby directing the respondent – State to immediate release the petitioner from Central Jail, Agra against the conviction order dated 16.08.1984 passed by the Ld. Additional Sessions Judge, Sultanpur in S.T. No. 08 of 1983, in view of the order dated 08.05.2009 passed by this Hon’ble Court in Criminal Appeal No. 276 of 2002 (Annexure P-3) wherein in paragraph – 13, the petitioner was held to a child/juvenile, aged about 16 years”.

2. Incidents having a bearing on our decision are summarised hereunder:

    a. The date of birth of the petitioner is 10th June, 1969.

    b. It was alleged in a First Information Report [FIR] registered under Sections 302/149, 147 and 148 of the Indian Penal Code, 1860 [IPC], that the petitioner along with 5 others had assaulted the f

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