Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9471 of 2021 Petitioner :- Nihaluddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following main reliefs:
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.9.2021 passed by respondent No. 3 by which the respondent No. 3 rejected the stay application filed by the petitioner in appeal no. C2021050000845 (Nihaluddin Vs. State of U.P.) under Section 3/4 U.P. Control of Gundas Act, 1970.
ii. Issue a writ order or direction in the nature of mandamus directing to the respondent No. 3 to decide the appeal no. C2021050000845 (Nihaluddin Vs. State of U.P.) under Section 3/4 U.P. Control of Gundas Act, 1970 within the stipulated period and permitted to the petitioner to entering to the petitioner in District Mahrajganj during the pendency of the aforesaid appeal."
Learned A.G.A. submits that the respondent no. 3 shall decide the appeal of the petitioner being Appeal/Case No.C2021050000845 (Nihaluddin Vs. State of U.P.) filed under Section 3/4 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. 3 to decide the aforesaid appeal of the petitioner in accordance with law, expeditiously preferably within six weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 Jaswant