Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15798 of 2019 Petitioner :- Afzal Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Imran Khan Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the parties.
This writ petition has been filed with a prayer to set aside the judgment and order dated 09.04.2019 passed by the respondent no.3 and a direction be issued to respondent no.2 to decide the appeal within a stipulated period of time.
Learned counsel for the petitioner has been fair enough to admit that the petitioner has already availed a statutory remedy by way of filing an appeal. In such circumstances, the filing of the present writ petition is clearly not a very appropriate exercise. The statutory regular court cannot be allowed to be meddle with by resorting to such extraordinary jurisdiction, which is ordinarily meant to exercise in extraordinary situation only.
The writ petition therefore stands dismissed as not maintainable.
At this stage, it has been submitted by the counsel for the petitioner that in the appeal that has been filed before the court of Commissioner, some stay application dated 27.4.2019 has also been moved but no orders have been passed upon the same and a direction to decide the same may be given by this Court.
So far as the last submission made by the counsel is concerned, in the absence of complete record, this Court is not in position to know the exact status of the application or the circumstances under which no orders have been passed upon the said stay application. However, suffice it to observe that if there is such application pending before the court of Commissioner and no orders have been passed upon the same as yet, the lower appellate court shall look into the same and shall pass an appropriate orders in accordance with law expeditiously and disposed of the said stay application.
Order Date :- 4.6.2019 AK Pandey