Neutral Citation No. - 2025:AHC-LKO:35455-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5121 of 2025 Petitioner :- Tushar Sonkar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Vinay Kumar Singh,Vinod Kumar Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Shri Vinay Kumar Singh, learned counsel for the petitioner, Shri Anurag Verma, learned A.G.A.-I for the State and perused the record. The instant petition has been preferred seeking following main relief(s) :- "(i) ISSUE a writ order or direction in the nature of Certiorari quashing the impugned order dated 26.5.2025 Passed by Police Commissioner, Lucknow in case no. 09 (4)/2025 under section 3 of U.P. Goonda Act 1970 State Vs. Tushar Sonkar as contained in Annexure no. 1. (ii) ISSUE a writ, order or direction in the nature of Mandamus commanding the opposite parties to stay the further proceedings in pursuance of the impugned order dated 26.5.2025 Passed by Police Commissioner, Lucknow in case no. 09 (4)/2025 under section 3 of U.P. Goonda Act 1970 State .....Vs..... Tushar Sonkar as contained in Annexure no. 1 during the pendency of this writ petition." Shri Anurag Verma, learned A.G.A.-I has raised a preliminary objection regarding the maintainability of the present petition on the ground that the petitioner is having a remedy of filing an appeal in terms of Section 6 of the Uttar Pradesh Control of Goondas Act,1970 (in short "Act of 1970"). The aforesaid contention has not been disputed. Accordingly, this court is not inclined to entertain the present writ petition in the facts of the case. It is therefore disposed of with liberty to the petitioner to prefer an appeal in terms of Section 6 of the Act of 1970 along with an application for interim relief. In case such an appeal along with the application for interim relief is filed the appellate authority would decide the said application for interim relief as also the appeal as per law. Before parting with the case, it is made clear that if an appeal is filed, then during the pendency of the appeal interest of the parties should be protected by passing an interim order, if in the facts of the case the same is required, as also that the authority who can pass the final order can also pass interim order. It is also made clear that this court has not entered into the merit of the issue and the appeal and the interim relief application shall be considered and decided on its own merits, in accordance with law expeditiously. (Syed Qamar Hasan Rizvi,J.) (Saurabh Lavania,J.) Order Date :- 13.6.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench