ROHIT CHATURVEDI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking a writ of certiorari for quashing letter dtd. 9/7/2025 of the Ministry of Home Affairs (MHA) (for short "impugned letter") which rejected the recommendation of the State of Uttarakhand and disallowed the plea of premature release of the petitioner who has been in jail for approximately twenty-two (22) years.

(2.) This case has a chequered history and its facts may briefly be adverted to. On the basis of a complaint dtd. 9/5/2003 of the elder sister of the deceased, Case No.162/2003 under Sec. 302 of the Indian Penal Code, 1860 (for short, "IPC") was registered at Mahanagar Police Station, Lucknow, Uttar Pradesh (U.P.) against the petitioner and other accused persons. The investigation was initially carried out by the U.P. State Police and thereafter by CBCID. However, vide Notification dtd. 24/6/2003, the case was transferred to Central Bureau of Investigation (CBI). Pursuant to the investigation, the petitioner along with other co-accused faced Trial before the Sessions Judge, Lucknow, U.P. However, this Court, by its order dtd. 8/2/2007, in Transfer Petition No.456/2005, transferred the trial to Dehradun, Uttarakhand with a request to the then Chief Justice of Uttarakhand to create a Special Court for the trial of the case. The petitioner along with other co-accused was convicted for the murder of the deceased by the Special Judge, Dehradun vide judgment dtd. 24/10/2007 in Sessions Trial No.411/2005 under Ss. 120B/302 IPC and sentenced to life imprisonment and fine.

(3.) We have heard learned counsel for the petitioner, learned standing counsel for the State of Uttarakhand, and learned ASG on behalf of the Union of India and have also perused the material on record.