IN THE HON'BLE HIGH COURT OF DELHI

AT NEW DELHI

W.P.(Crl) No. /2023

In the matter of:-

RAKESH KUMAR ……PETITIONER

VERSUS

STATE (GOVT. OF NCT OF DELHI) & ANR.……

RESPONDENT

WRIT PETITION CRIMINAL UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA READ WITH SECTION
482 OF THE Cr.P.C. PRAYING FOR EXTENSION OF
PAROLE FOR A PERIOD OF FOUR MONTHS IN
EXECUTION CASE NO. 50/2011 ARISING OUT OF
_______ FROM DISTRICT CONSUMER FORUM, TIS
HAZARI COURTS, DELHI.

Most respectfully showeth:-

1. That the present petition is maintainable under

Article 226 of the Constitution of India as the

Respondent is covered under the definition of State

as provided under Article 12 of the Constitution of

India.
2. That the petitioner has already undergone 7 years in

custody. That the certificate showing that the

petitioner has been sentenced to 182 years in jail

along with its true typed copy is annexed as

ANNEXURE A.

3. That the petitioner has been sentenced to

imprisonment for a period of 182 years in Execution

Case No. 50/2011 arising out of ______ by the

District Consumer Forum, Tis Hazari Courts, Delhi.

The copy of the order dated ______ vide which the

petitioner was sent to 182 years imprisonment along

with its true type copy is annexed as ANNEXURE B.

4. That the respondent 2 is the Tirupati Plot Buyers

Association acting through its Vice President, Sh.

R.D. Trivedi and General Secretary Sh. V.K. Tandon

which represents the interest of all the plot buyers

who had instituted consumer complaints against

the petitioner.
5. That the petitioner was released on parole vide order

dated ________ by this Hon'ble Court. Further the

said parole was extended from time to time. That

during his period on parole, the petitioner has

entered into a settlement with the Respondent no. 2.

The copy of the settlement entered into between the

petitioner and respondent no. 2 is annexed as

ANNEXURE C.

6. That of the 344 consumer complaints, about 40 plot

buyers have already been settled in various

proceedings by the petitioner/ co-accused persons

7. That as per the settlement entered into between the

petitioner and the respondent no. 2, the petitioner

has agreed to hand over the entire amount of

compensation to be received by the petitioner for

acquisition of land bearing address ________,

Ghaziabad.

8. That the said amount of compensation will be

sufficient to cover the interest of all the pending plot

 buyers. The approximate amount due to all the

remaining plot buyers (Excluding the plot buyers

who have already been settled), amounts to

approximately Rupees 50 lakhs only. That the

amount due for the compensation to be received by

the petitioner will be sufficient to cover the interest

of the plot buyers.

9. That the amount awarded for acquisition of land in

the said area is Rs. 207/ square yard and the land

owned by the petitioner is approximately 27,225

square yards. Therefore, the amount which would

be received by the petitioner is sufficient to cover the

entire amount to be paid by him.

10. That in accordance with the MOU, the applicant had

filed an application before the District Consumer

Forum to release the amount of Rs. 7,00,000/-

given by way of FDR to the Respondent no. 2.

11. That it is pertinent to mention that the fact that the

petitioner is to receive amount of enhanced

 compensation from Ghaziabad Development

Authority for acquisition of the set land has been

verified by the concerned District Magistrate. The

concerned District Magistrate has filed an affidavit

whereby it has been certified that the amount of

enhanced compensation is yet to be given to the

petitioner. That the copy of the affidavit filed by the

concern District Magistrate along with its true type

copy is annexed as ANNEXURE D.

12. That the petitioner has been regularly following up

with the concerned authority and has made

tremendous progress as he has been able to locate

the file which is 30 years old approximately and has

been updating the officers of Respondent no. 2

periodically about the progress in the matter.

13. Further, the applicant had already engaged an

advocate to file a writ before the Court, i.e. Mr.

Madan Mohan, However, unfortunately, he suffered

a paralytic attack and the writ had not been filed.

14. That subsequently the said advocate has

unfortunately passed away. The copy of the obituary

alongwith its true typed copy is annexed as

ANNEXURE E.

15. That since the said authority was not expediting the

process, the petitioner has now filed a writ before

the Hon'ble High Court of Allahabad with a prayer to

direct the Ghaziabad Development Authority to

expedite the process. The copy of the writ petition

along with its true type copy is annexed as

ANNEXURE F.

16. That further the petitioner is suffering from

gallbladder stones and his gallbladder is required to

be removed. That the petitioner is receiving

treatment from _______ Hospital and is to be given a

date for a said surgery on 04.07.2023. The copy of

the medical documents of the petitioner along with

its true typed copy is annexed as ANNEXURE G.

17. That vide order dated _______, this Hon'ble Court

was pleased to extend the parole of the petitioner

while observing that the sentence awarded to the

petitioner does not appear to be in accordance with

the law. The copy of the order dated ________ along

with its true type copy is annexed as ANNEXURE H.

18. That vide order dated 06.03.2023, this Hon'ble

Court was pleased to extend the parole of the

petitioner for a period of 4 months. The copy of the

order dated 06.03.2023 along with its true typed

copy is annexed as ANNEXURE I.

19. That the law is settled that the court is not bound

by the Delhi Prison Rules, 2018. The copy judgment

of this Hon'ble Court in the case of Kiran vs. State

(_________) along with its true typed copy is annexed

as ANNEXURE J.

20. That grave prejudice will be caused to the petitioner

if his parole is not extended as he would be

constrained to serve a sentence of 182 years and all

 the effort that has been put in by the petitioner and

the Respondent no. 2 towards settling the matter

will go in vain.

21. That no similar petition has been filed before this

Hon'ble Court or Hon'ble Supreme Court of India.

PRAYER

In view of the above-mentioned facts and

circumstances, this Hon'ble Court may be pleased to:-

a. Extend the parole granted to the petitioner

for period of 4 months in Execution Case

No. 50/2011 rising out of ______ from the

District Consumer Forum, Tis Hazari Courts

Delhi.

b. any other order this Hon'ble Court deem fit.

 IN THE HON'BLE HIGH COURT OF DELHI
AT NEW DELHI

W.P.(Crl) No. /2023

In the matter of:-

RAKESH KUMAR ……PETITIONER

VERSUS

STATE (GOVT. OF NCT OF DELHI) & ANR.……

RESPONDENT

LIST OF DATES & EVENTS

Dates Events

2013 The petitioner was sent to custody to

serve a sentence to 182 years.

2020 The petitioner was release on parole after

spending 7 years in custody. That during

his release the petitioner entered into a

settlement with respondent no.2.

2020-2023 The parole was extended from time to

time and view of the progress made

under the settlement.

Hence, the present petition