JUDGMENT :

RAMESH SINHA, J.

1. The petition under Article 226 of the Constitution has been instituted by Umesh Dixit, whose brother Gyanendra Kumar alias Tinku was said to be murdered by the convict/respondent no. 6-Hari Shankar, with the following reliefs:

(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 29.11.2019 passed by the opposite party no. 1 contained in Annexure No. 1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no. 1, 2 and 3 to re-arrest the opposite party no. 6 so that he serves out the life imprisonment imposed upon him by the Learned Additional Sessions Judge/F.T.C. Court No. 3, Sitapur in Sessions Trial No. 78 of 2003, in the interest of justice.

(iii) Issue any other writ, order or direction in the nature which this Hon’ble Court may deem fit and proper under the circumstances of the case and in the interest of justice.

(iv) Allow the writ petition with costs in favour of the petitioner.

(A) Factual Background

2. The