Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5423 of 2018 Petitioner :- Deshraj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kamlesh Kumar Tiwari, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. for the State perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the impugned order dated 22.02.2017 passed by respondent authority and further to release the petitioner on a premature release of conviction.
Learned counsel for the petitioner submitted that the Form-A of the petitioner has already been rejected vide impugned order dated 22.02.2017 by the State Government but he has attained the age of 78 years and conduct of the petitioner is also good and he is not in a position to further commit crime. He further submitted that impugned order which has been passed by the State Government rejecting his plea for premature release was on the ground that the incident was of heinous nature.
Learned A.G.A. opposed the prayer and submitted that in view of the judgement of Union of India Vs. V. Sriharan @ Murugan & Ors., State Government has considered the opinion given by the presiding officer of the court concerned and rejected the plea of premature release of the applicant.
Considering the facts and circumstances of the case and submissions advanced by the parties, we do not find any ground to interfere in the matter.
This Writ Petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 A. Mandhani