WP(C) 1554/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. RP Sarma, learned Sr. counsel for the petitioner and Mr. RK Bora, lear ned Govt. counsel appearing for the official respondents. By filing this writ petition, the petitioner has prayed for direction to dispose of the application filed by him for commuting the sentence imposed upon him while convicting him in a Spectial Case No. 13 (K)/95 which is affirmed in Criminal Appeal No. 128/98 by the High Court. The grievance of the petitioner is that although he has filed application the same has not been considered by the authority. Upon instruction, Mr. RK Bora, learned Govt. counsel submits that the matter is pending for obtaining views from the Judicial Department. Such instru ction dated 20th 4.09 furnished bythe Commissioner & Secy. to the Govt. of Assam , Food, Civil Supplies & Consumer Affairs Department is brought on record. Under Section 433 Cr.P.C. the appropriate Govt. has the power to commute the sentence amongst others sentencing simple imprisonment with fine. Whether t hat power would be exercised in the instant case taking note of the facts and ci rcumstances of the case or not is the sole discretion of the appropriate Govt. a nd the court is not to enter into the said area. Accordingly, it is observed tha t the said application filed by the petitioner needs expeditious disposal. Accor dingly, it is ordered that this writ petition is disposed of with the observatio n that the appropriate Govt. shall take necessary steps for early disposal of t he aforesaid application. With the above observation, this writ petition stands disposed of.