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2022 Supreme(Pat) 428

PARTHA SARTHY
Munilal Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Vijay Kumar Singh, Abhinav Shandilya, Santosh Kumar.
For the Respondents: M/s Prabhat Kumar Verma, Saroj Kumar Sharma.

PARTHA SARTHY, J.:–Heard learned counsel for the petitioner and learned Additional Advocate General no. 3 for the respondents.

2. The petitioner has filed the instant application for the following reliefs:—

“(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the decision of State Remission dated 21.8.2019, so far it relates to the petitioner, whereby and where under the State Remission Board has been pleased to reject the proposal of the petitioner for his pre-mature release pursuant to the clause-(iv) (ka) of Notification No. 3106 dated 10.12.2002 on the ground that Notification No. 3106 dated 10.12.2002 is not applicable in the case of the petitioner since the petitioner was convicted on 25.9.2006 but the Notification No. 3106 dated 10.12.2002 acted upon only after 02.07.2007 as held by the Division Bench of this Hon’ble Court in catena of decisions.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to consider the case of the petitioner for grant pre-mature release pursuant to th

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