Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11875 of 2021 Petitioner :- Surendra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Tripathi Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
Present petition filed seeking following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned externment order dated 20.9.2021 passed by the District Magistrate, Firozabad in case no. 01146 of 2020 (Computerized Case No.D-202001260001146), State vs. Surendra, arising out of proceedings under Section 3 U.P. Control Gunda's Control Act, Police Station Khairgarh, District Firozabad (i.e. Annexure No.4.)
(ii) issue, a writ, order or direction in nature of mandamus directing the respondent no.2/Commissioner, Agra Region, Agra to decide the Appeal No.202101000001219 of 2021, under Section 6 of U.P. Gunda Act as expeditiously as this Hon'ble Court may deem fit and proper.
(iii) issue such other and further writ, order or direction, as this Hon'ble Court may deem fit and proper in the circumstances of the case in favour of the petitioner against the respondetns.
(iv) Award the costs of the petition to the petitioner."
Learned A.G.A. submits that the respondent no. 2, Commissioner, Agra Region , Agra shall decide the appeal of the petitioner being Appeal/Case No. 202101000001219 of 2021 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 of directing the Appellate Authority to decide the aforesaid appeal of the petitioner in accordance with law, expeditiously preferably within a period of one month from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties, if the appeal is still pending.
Till the disposal of the appeal or for a period of one month, whichever is earlier, no coercive action shall be taken against the petitioner.
Order Date :- 17.12.2021 I.A.Siddiqui