IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (CRL) No. 501 of 2005(M/B) No. 15478837 M Sowar Rajeev Kumar Of 72 ARMD REGT. ……… Petitioner. Versus 1. Union of India through Secretary, Ministry of Defence New Delhi. 2. Chief of Army Staff Army Headquarters New Delhi. 3. General Officer Commanding 9-Infantry Division. 4. Commanding Officer 72-ARMOURED REGIMENT C/o 56 A.P.O. ………….Respondents. Shri M.S. Pal, Sr. Advocate, and P.C. Bisht with Shri D.N. Sharma, Learned counsel for the petitioner. Shri Arvind Vashistha, learned counsel for the respondents. Coram: Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Oral:-Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the findings by the General Court Martial, and sentence awarded by said authority vide impugned order dated 29.01.2005, whereby the petitioner has been sentenced to imprisonment for life and dismissed from service holding him guilty of offence punishable under Section 302 of Indian Penal Code, 1860. 3. Learned counsel for the petitioner argued that it is a case of accident and not of murder. However, while hearing the parties, we found that a petition dated 10.03.2005 (copy of which is annexure-22 to the writ petition) moved under Section 164 of Army Act, 1950, appears to have been sent by registered post on said date to the Chief of Army Staff, New Delhi. It appears that said petition has not been disposed of or at least no communication has been sent to the petitioner regarding disposal of said petition. 4. Learned counsel for the respondents drew attention of this Court to para-52 of the counter affidavit and submitted that said petition had not been received till 10.08.2005 when the counter affidavit is filed. 5. In the above circumstances, we think it just and proper to dispose of this writ petition directing the competent authority to dispose of the petition, moved under Section 164 of Army Act, 1950 by the petitioner in the year 2005, (a copy of which is annexure 22 to the writ petition) as expeditiously as possible, preferably within a period of six months from today. The writ petition is disposed of. Interim order dated 20.07.2005, passed by this Court shall automatically stand vacated on completion of six months from today or on the date of decision of the petition, mentioned above, whichever is earlier. (Dharam Veer, J.) (Prafulla C. Pant, J.) Dt: 06.05.2008 Sweta