Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7597 of 2021 Petitioner :- Niyazul Hasan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,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 12.8.2021 passed by the respondent No. 2 to the extent that stay application of the petitioner has rejected by the respondent No. 2 by declining to grant stay order.
II. Issue a writ, order or direction in the nature of mandamus directing the respondents to stay the effect and operation of the externment order dated 8.7.2021 passed by the respondent No. 3 in Case No. 1683 of 2017 (State Vs. Niyazul Hasan) (Computerized Case No. D-201712701683) under Section 3/4 of U.P. Goonda and Control Act during pendency of the present writ petition as well as appeal before the respondent No. 2. "
Learned A.G.A. submits that the respondent No. 2 shall decide the appeal of the petitioner being Appeal/Case No. 490/2021 (Niyazul Hasan versus State of U.P.) 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 Appellate Authority to decide the aforesaid appeal of the petitioner in accordance with law, expeditiously, without granting any unnecessary adjournment to either of the parties, if the appeal is still pending.
Order Date :- 21.9.2021 Jaswant