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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 4245/2025, CRL.M.A. 38177/2025

PURAN PRASAD .....Petitioner

Through: Appearance not given.

versus

STATE OF (N.C.T.) OF DELHI .....Respondent

Through: Mr. Sanjeev Bhandari, ASC for State

with Insp. Chetan, PS Khyala, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 22.12.2025

1. A Criminal Writ Petition under Article 226 of the Constitution of India

read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has

been filed on behalf of the Petitioner for quashing of Punishment Ticket dated

26.08.2021.

2. It is submitted in the Petition that the Petitioner was convicted on

25.05.2019 in case FIR No.280/2012 under Section 302/34 IPC registered at

Police Station Khyala.

3. His Appeal was rejected on 06.01.2020 by this Court and the Petitioner

was released on Parole/Furlough on as many as 10 occasions between

26.01.2017 to 26.11.2025 and had surrendered on time and had never misused

his liberty. On 05.04.2020 the Petitioner was released on Emergency Parole

in terms of the Order dated 05.03.2020 with the date of surrender fixed for

06.04.2020. The Emergency Parole got extended from time to time till

07.04.2023. The Petitioner was not informed about the date of surrender and

was re-arrested from his home and re-admitted to prison on 26.08.2021.

Despite the circumstances, the Petitioner has been imposed with a punishment

of “warned to remain careful in future” on 26.08.2021. The quashing is

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 20/01/2026 at 01:21:37

sought on the ground that punishment is imposed without following the

procedure mandated under Delhi Prison Rules, 2018. The explanation and

the reasons given by the Petitioner nowhere recorded in the Punishment

Ticket which reflects non-application of mind.

4. In the present case, there was no infraction of law or violation of Delhi

Prison Rules as the Petitioner was not having any intimation about the date of

surrender. Reliance is placed on Radhey Shyam vs. State of NCT of Delhi

W.P. (Crl.) 426/2023 decided on 09.08.2024 wherein it was held that without

a Show Cause Notice no punishment can be imposed on the Petitioner.

5. Reliance is also placed on Md. Tanvir vs. State of NCT of Delhi W.P.

(Crl.) 1020/2023 decided on 20.09.2023, wherein in similar case where

Emergency Parole had been granted during Covid-19 Pandemic and was

extended from time to time and the Petitioner failed to surrender on a given

day, it was observed that when there was lack of clarity regarding the date of

surrender and that the things were uncertain and clear especially when the

Petitioner was in his village, the imposition of punishment was unmerited and

the Punishment Ticket was quashed.

6. Reliance is also placed on Manoj Sirohi vs. State of NCT of Delhi in

W.P (Crl.) 1268/2025 decided on 22.04.2025, wherein similar observations

had been made. Further reliance is placed on Vijay Kumar vs. State of NCT

of Delhi in W.P. (Crl.) 2103/2025 decided on 31.20.2025. A prayer is,

therefore, made that the Punishment Ticket dated 26.08.2021 be quashed.

7. Learned ASC for the State submits that the punishment had been

imposed in accordance with Delhi Prison Rules.

Submissions heard and record perused

8. It is a known fact that during Covid-19 Pandemic, the prisoners had

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 20/01/2026 at 01:21:37

been admitted to Emergency Parole, which was extended from time to time

and the day of surrender was unclear and uncertain. The Prisoners were

directed to surrender in batches, for which due intimation was given. The

explanation given by the Petitioner that he was not communicated the date of

surrender because of which he