Ram Surat Ram (Maurya), J. - (1.) Heard Sri Suresh Chandra Dwivedi, for the petitioner and Standing Counsel, for State of U.P. Supplementary Affidavit was taken on record.
(2.) The writ petition has been filed for quashing the order of Senior Superintendent of Police (respondent-6) dated 24.05.2007, dismissing the petitioner from service.
(3.) The petitioner was appointed as 'Constable' in U.P. Police on 02.08.1974. Date of birth of the petitioner is 02.07.1953 and he has attained age of superannuation on 31.07.2013. While the petitioner was posted at Police Station Mangalpur, district Kanpur Dehat, an FIR of Case Crime No. 212-A of 1995 was registered against the petitioner and several other persons. The police, after investigation, submitted charge sheet against the named accused except the petitioner and two other constables, on which cognizance was taken. On Committal, S.T. No. 403 of 1997 was registered against 9 accused. The petitioner and two other constables were summoned under Section 319 Cr.P.C. On their appearance, S.T. No. 403-A of 1997 was registered against the petitioner and two other accused. Both the cases were tried together. Additional Session's Judge, by his judgment dated 12.04.2007, convicted the petitioner under Section 147, 120-B read with 119 I.P.C. and awarded two years rigorous imprisonment under Section 147 I.P.C. and 5 years rigorous imprisonment under Section 120-B read with Section 119 I.P.C. The petitioner and two other co-accused filed Criminal Appeal No. 2744 of 2007, before this Court, in which this Court by order dated 07.05.2007, granted bail to the petitioner. On the application of the petitioner, this Court by order dated 20.11.2008 suspended the sentence awarded to the petitioner during pendency of the appeal. It has been stated that this criminal appeal is still pending.;