Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 2491 of 2019 Petitioner :- Sudhir Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Arjit Srivastava,Vinod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ifaqat Ali Khan,J.
This petition has been filed on behalf of petitioner seeking a writ order or direction in the nature of mandamus directing the respondent no.2 Commission Kanpur Region Kanpur, District Kanpur Nagra, to decide the appeal filed by petitioner being Appeal No.00091/2019 (Sudhir Kumar vs. State of U.P.) u/s 6 of U.P. Control of Goonda Act, 1970, Police Station-Kotwali Fatehgarh, District-Farrukhabad.
Heard learned counsel for petitioner and learned A.G.A. and also perused the record.
The proceedings in the court of appeal are pending, in such circumstances, this Court has doubt about the maintainability of this petition and this does not appear to be the right forum. To file an application u/s 482 of Cr.P.C. would have been a better course. Initially this Court felt inclined to dismiss the petition but as the prayer contained in the petition is a simple prayer seeking expeditious disposal of the appeal pending before the lower appellate court, this Court feels that by dismissing this petition and again inviting another petition would entail nothing except waste of public time and resources. The power of the Division Bench of this Court to make such direction is not wanting, the question is of appropriateness of the forum only. Therefore, instead of dismissing this petition this Court disposes of it with the observation that the lower appellate court concerned shall make all sincere endeavours to decide the appeal without granting any unnecessary adjournment to either of the parties, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
Order Date :- 29.1.2019 M. Kumar