Bombay High Court
IMRAN MEHANDI @ DILAWAR NASEER SHAIKH (A-35973)versusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the relief sought is general and not specific to any individual prisoner.
Summary
The petitioner, a prisoner, filed a criminal writ petition seeking a writ of mandamus directing the State to provide police escorts for prisoners requiring urgent medical assistance at a civil hospital. The petition sought a general direction for all such prisoners rather than a specific order for the petitioner. The respondents contended that under Rule 11 of the Prison Hospital Rules, police escorts are provided in emergencies and there is no delay in transferring prisoners to hospitals. The court observed that the reliefs pleaded were overly broad and not directed at any individual prisoner, rendering the petition non‑maintainable. Consequently, the court disposed of the petition without granting any relief.
Issues considered
- Whether a writ of mandamus can be issued to direct the State to provide police escorts for prisoners needing urgent medical assistance.
- Whether the petition is maintainable when the relief sought is of a general nature and not specific to an individual prisoner.
Subjects
- mandamus
- police escort
- prisoner medical assistance
- prison hospital rules
- writ petition
- procedural law
Judgment
2026:BHC-AUG:42351-DB
1 920 CRIMINAL WRIT PETITION NO. 700 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CRIMINAL WRIT PETITION NO. 700 OF 2022
IMRAN MEHANDI @ DILAWAR NASEER SHAIKH (A-35973)
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Adv. R. A. Jaiswal (appointed Through Legal Aid), Advocate for the
Petitioner
Adv. S. J. Salgare, APP for Respondents-State
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 11/09/2026
Per Court:
. Heard.
2. The petitioner has prayed following reliefs in this petition:
“(c) By Writ of Mandamus or any other appropriate writ, order
or directions in the like nature to direct the respondents to
immediately provide police escorts to prisoners (including
petitioner) who are in need of urgent medical assistance from
Civil Hospital pending hearing of the petition.
(d) By Writ of Mandamus or any other appropriate writ, order
or directions in the like nature to direct the respondents to
provide police escorts to prisoners who are in need of urgent
medical assistance from Civil Hospital.”
However, on going through the aforesaid reliefs the same are
general in nature and not in respect of any individual prisoner.
2 920 CRIMINAL WRIT PETITION NO. 700 OF 2022
3. The learned APP on instructions, submits that the jail
authorities normally provide medical aid as and when such
medical emergency arises and the concerned prisoners are taken to
Civil Hospital. Even otherwise, also, it is mentioned in the affidavit-
in-reply filed by the respondent mentioned as follows:
“The deponent further says and submits that, as per rule
11 of prison hospital rules in case of emergency and after
taking the opinion of the doctors of jail hospitals in such cases
the office of deponent used to shift such convicts/prisoners to
the hospitals which are situated outside the jail premises on
making availability of police escort. There is no delay for
shifting the convicts/prisoners to the hospitals on the part of the
office of deponent. However, in cases as like as the case of
petitioner unless the police escorts is made available the office
of deponent does not shift such convicts/prisoners to the
hospital situated at outside the premises of jail.”
4. In view of the same, nothing survives in this petition and it
stands disposed of.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
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