Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12241 of 2021 Petitioner :- Mohd Muslim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,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 to quash the impugned order dated 22.11.2021 passed by respondent no. 2 i.e. Commissioner Prayagraj Division Prayagraj in Case No. 1085 of 2021, Computerized Case No. C202102000001085 (Mohd. Muslim vs. State) under Section 6 U.P. Control of Gundas Act, Police Station- Karari, District- Kaushabmi, whereby rejected the stay application of the petitioner (Annexure No. 6 to the writ petition).
(ii) Issue a writ order or direction in the nature of mandamus directing the concerned respondent not to arrest and harass to the petitioner pursuant to order dated 21.10.2021, whereby made the externment from District Kaushambi for the period i.e. six month during the pendency of appeal before learned court below i.e. respondent no. 2 being case No. 1085 of 2021, Computerized Case No. C202102000001085 (Mohd. Muslim Vs. State) under Section 6 U.P. Control of Gundas Act, Police Station- Karari, District- Kaushambi."
Learned A.G.A. submits that the respondent no. 2, Commissioner Prayagraj Division Prayagraj shall decide the appeal of the petitioner being case No. 1085 of 2021, Computerized Case No. C202102000001085 (Mohd. Muslim Vs. State) under Section 6 U.P. Control of Gundas 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 :- 17.12.2021 Aditya