Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19511 of 2018 Petitioner :- Sambhu Nath Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Krishna Roy,Charlie Prakash Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kamal Krishna Roy, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and 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 order dated 11.07.2017 passed by the Joint Secretary of State of U.P. rejecting the application of the petitioner for his pre-mature release with a further prayed for a direction in the nature of mandamus commanding the respondent no. 1 to make a fresh order regarding his premature release on his mercy petition.
Learned A.G.A. has pointed out that the present order has been passed by Hon'ble Governor under Article 161 of the Constitution of India. Hence we are not inclined to interfere in this matter.
The writ petition is accordingly rejected.
It is needless to say that the petitioner may make an application at an appropriate stage.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2018 AU