Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22720 of 2018 Petitioner :- Rajesh Kumar @ Rajesh Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dur Vijay Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.V.Singh, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing the impugned order dated 3.5.2018 passed by respondent no.2 in S.T.No.27 of 2002, under Section 302 I.P.C. and S.T. No.28 of 2002, under Section 25/27 Arms Act, P.S.Kotwali Fatehgarh, District Farrukhabad.
Learned counsel for the petitioner submits that form-A of the petitioner has been rejected by respondent no.2 on 3.5.2018, but subsequently the Government Orders have been issued by the State Government on 1.8.2018, according to which the persons who are not liable to be released, category has been given and petitioner does not fall in the said category. He further submitted that the petitioners have already served out more than 17 years in jail, hence, the State Government be directed to consider the case of the petitioner for remission within a period of six months.
Learned A.G.A. opposed the prayer for quashing of the impugned order and submitted that the impugned order passed by respondent no.2 by which the form-A of the petitioner has been rejected, appears to be a well considered and reasoned order.
Considered the submissions advanced by learned counsel for the parties.
Taking into account the gravity of the offence, we are not inclined to interfere in the matter. The petition lacks merit and is accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 21.8.2018/NS