Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3611 of 2021 Petitioner :- Shafiq Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Indra Bhan Yadav,Sudhir Kumar Agarwal Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
By way of this writ petition the accused, who is alleged to be indulged along with his brothers in the activities which are against the society.
This writ petition has been filed with the following prayer :-
"i. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2 to decide the appeal of petitioner dated 17.4.2021 filed under Section 6(1) U.P. Gundas Control Act within stipulated period;
ii. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.3 not to take coercive measure against petitioner pursuant to order dated 31.3.2021 passed in Case No.0056/D-202017140000618 (State Vs. Shafiq) under Section 3/4 U.P. Gundas Control Act till pendency of Appeal of petitioner filed under Section 6(1) U.P. Gundas Control Act before respondent no.2;"
As far as prayer no.1 is concerned, if the officer concerned is in a position to take up the matter through video conferencing, he may hear the appeal as expeditiously as possible. In case, if the authority concerned can not hear the matter during this pandemic, he may hear the appeal preferred by the accused immediately after the pandemic is eased. While going through the factual data we do not think that any case is made out for granting any protection in this matter in the interregnum period as we can not pass the order that no coercive action shall be taken. If the petitioner has yet not left Basti after the orders are passed, the police shall directly take action against him and if he had left Basti, the police shall record the statement of the accused at the place where he is residing and he shall get his presence recorded in the police station, failing which adverse inference shall be drawn against him at the time of hearing the appeal.
We do not find any reason to interfere in the second prayer.
The writ petition is partly allowed for prayer no.1 and the writ petition is dismissed for other prayer.
Order Date :- 13.5.2021 R./ Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.13 17:53:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.13 17:55:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad