Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8906 of 2021 Petitioner :- Sartaj @ Guddey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwini Kumar Ojha 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 reliefs:
"I). Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 08.9.2021 passed by respondent no.2 in Appeal No.C-202106000000734 (Sartaj @ Guddey vs. State) U/s 6 of the U.P. Control of Goondas Act, 1970 (Annexure-1 to the Writ Petition) and impugned order dated 20.7.2021 passed by District Magistrate, Jhansi in Case No.03475/2020 (State vs. Sartaj @ Guddey) U/s 3 (1) of the U.P. Control of Goondas Act, 1970 (Annexure-2 to the writ petition).
II) Issue a suitable order or direction that till the pendency of appeal the effect and operation of the impugned order dated 20.7.2021 passed by District Magistrate, Jhansi in Case No.03475/2020 (State vs. Sartaj @ Guddey) U/s 3 (1) of the U.P. Control of Goondas Act, 1970 may remain stayed.
III) Issue a suitable order or direction to the respondent no.2 to expeditiously decide the Appeal No.C-202106000000734 (Sartaj @ Guddey vs. State) U/s 6 of the U.P. Control of Goondas Act, 1970."
Learned A.G.A. submits that the respondent no.2 shall decide the appeal of the petitioner being Appeal No.C- 202106000000734 (Sartaj @ Guddey vs. State) U/s 6 of the 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 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 petitioners 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 :- 26.10.2021 RKP