Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12295 of 2021 Petitioner :- Ahmad Ali @ Mister Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Keshari Nandan Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
Present petition filed seeking following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari and quash the order dated 8.11.2021 passed by Learned Commissioner, Jhansi Mandal, Jhansi in Appeal No. 1088 of 2021 (Computerized Case No.C202106000001088), 'Ahmad Ali @ Mister Vs. State of U.P.' (appended as Annexure No.7) to the instant writ petition.
(ii) Issue, a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the appeal of the petitioner bearing Appeal No.1088 of 2021 (Computerized Case No. C202106000001088), 'Ahmad Ali @ Mister Vs. State of U.P.' as early as possible, so that justice be done.
(ii) Issue, a writ, order or direction in the nature of mandamus commanding the State respondents not to remove the petitioner from the territory of District Jalaun.
(iv) Issue, any writ, order or direction as this Hon'ble Court may deem fit and proper in the present circumstances of the case.
(v) Award cost of the writ petition in favour of the petitioner."
Learned A.G.A. submits that the respondent no. 2, Commissioner, Jhansi Mandal, Jhansi shall decide the appeal of the petitioner being AppealNo.1088 of 2021(Computerized Case No. C202106000001088) filed under Section 6 of U.P. Control of Goondas Act, 1970, in accordance with law, expeditiously.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of directing the Appellate Authority to decide the aforesaid appeal of the petitioner in accordance with law, expeditiously preferably within a period of one month from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties, if the appeal is still pending.
Till the disposal of the appeal or for a period of one month, whichever is earlier, no coercive action shall be taken against the petitioner.
Order Date :- 20.12.2021 Ram Murti