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1992 Supreme(All) 660

R.R.K.TRIVEDI, S.K.VERMA
SWARN SINGH – Appellant
Versus
STATE OF – Respondent


Advocates Appeared:
T.RATHORE,

S. K. VERMA, J.

This petition has been filed for issuing a writ of certiorari quashing the order dated 9-2-1991 passed by respondent No. 1, State of U. P. in exercise of powers under Article 161 of the Constitution of India.

2. The facts in brief are that opposite party No. 3 Doodnath was tried on a charge of murder under Sections 302/149,1. P. C. alongwith other co-accused in Sessions Trial No. 102 of 1980 by the 3rd Additional District Judge, Jaunpur was convicted and sentenced for life imprisonment vide judgment

dated 9-2-1982. Criminal Appeal No. 402 of 1982 was filed by Chinika and others against the aforesaid judgment which was dismissed by a Division Bench of this High Court on 21-5-1988. A Special Leave to Appeal (criminal petition No. 2229 of 1988) was dismissed by the Supreme Court vide order dated 31-3- 1989. Thereafter respondent No. 3 Doodnath moved the petition through his wife for grant of reprieve and remission which was, however, dismissed by the State of U. P. on 7-6-1990. Meanwhile, respondent No. 3 Doodnath was granted parole on 16-12-1989 which expired on 16-5-1990. Yet another application for grant of reprieve and remission was moved under Article 161 of the Co




















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