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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21820 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Pradeep Kumar VI, learned counsel for the petitioner and learned A.G.A. for the State.
2. Learned counsel for the petitioner submits that to assail the order dated 30.07.2025, passed by the respondent no.3 (Additional District Magistrate (Judicial), Maharajganj passed in Case No.481 of 2024 (State Vs. Shamsher @ Sherai) under Section 3/4 of U.P. Control of Goondas Act, the Criminal Appeal No.2170 of 2025 is preferred before respondent no.2, the Commissioner, Gorakhpur Region, Gorakhpur. The petitioner is aggrieved by non disposal of his stay application, appended along with appeal. The learned counsel further submits that the appeal has been filed on 28.08.2025, but till date the stay application has not been disposed of. Hence, he moved the present writ petition.
3. Learned A.G.A. accepts notice for the State.
4. Considering that the appeal has been filed on 28.08.2025 against the order dated 30.07.2025 passed by the respondent no.3, wherein the petitioner was punished with externment of six months, as his application for stay is pending since 28.08.2025, which will render the appeal infructuous with Versus Counsel for Petitioner(s) : Piyush Patel, Pradeep Kumar Counsel for Respondent(s) : G.A. Shamsher @ Sherai .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
efflux of time. As such, till the disposal of stay application dated 28.08.2025 moved in Criminal Appeal No.2170 of 2025, under Section 6 of of U.P. Control of Goondas Act, the operation of order dated 20.07.2025 passed in Case No. 481 of 2024 by respondent no.3, Additional District Magistrate (Judicial), Maharajganj, is kept in abeyance.
5. The writ petition is, accordingly, disposed of.
(Avnish Saxena,J.) October 15, 2025 Shivangi CRLP No. 21820 of 2025 2
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad