- (1.) HEARD the learned counsel for the petitioner Sri Akhilesh Kalra and Sri Mukund Tiwari learned Chief Standing Counsel.
(2.) LEARNED counsel for the petitioner says that he does not want to file rejoinder affidavit to the counter affidavit filed on behalf of opposite parties 1 and 2. With the consentof the parties counsel, the petition is being disposed of finally. The petitioner, after being elected as a member of Kshetra Panchayat Payagpur, District Bahraich, was selected as Pramukh by the elected members of the Kshetra Panchayat in terms of the provisions of Section 7 of U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the Adhiniyam, 1961 ). Si?ce before the petitioner was elected, a criminal case was registered at Case Crime No. 395 of 2001 under Section 307,i. P. C. and 7 Crimi nal Law Amendment Act read with Section 25 of the Arms Act against the peti tioner on the allegation that the petitioner fired on police party and ammunition was also recovered from him and one another criminal case was registered against the petitioner at Case Crime No 396 of 2001 arising out of the same First Informa tion Report.
(3.) THE petitioner has been convicted for the offence under Section 307 read with Section 25 of the Arms Act, and awarded a sentence of 5 years, R. l. with a fine of Rs. 5000/ -. The petitioner on being convicted, was taken into custody on 1st March, 2008. He filed an appeal before the High Court being Criminal Appeal No. 4 of 2008 and was released on bail vide order of the High Court on 11th March, 2008.;