Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 2692 of 2021 Petitioner :- Kanhaiya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide stay application along with the Appeal No. 00264/2021 (Computer Case No. C202105000000264 Kanhaiya Vs. Additional District Magistrate City, Gorakhpur ) filed under Section 6 of UP Control of Goonda Act, 1970 withing stipulated period which may be fixed by this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to take any coercive action against the petitioner during the pendency of stay application in Appeal No. 00264/2021 (Computer Case No. C202105000000264 Kanhaiya Vs. Additional District Magistrate City, Gorakhpur ) pending before the respondent no. 2 under Section 6 of UP Control of Goonda Act, 1970.
Learned A.G.A. submits that the respondent no.2 shall decide the appeal of the petitioner being Appeal No. 00264/2021 (Computer Case No. C202105000000264 Kanhaiya Vs. Additional District Magistrate City, Gorakhpur ) 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 off directing the respondent no. 2 to decide the aforesaid appeal of the petitioner in accordance with law, expeditiously preferably within two months from the date of production of a copy of this order, without granting any unnecessary adjournment to either of the parties, if the appeal is still pending.
Order Date :- 27.7.2021 Rahul Dwivedi/-