Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 200972 (ALL)

MAGAN SAXENA v. STATE OF U.P. AND 2 OTHERS

CRLP/20182/2025 · 2025-10-14

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20182 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Suresh Dhar Dwivedi, learned counsel for the petitioner and learned A.G.A. for the State. 2. Learned counsel for the petitioner submits that the petitioner has moved an appeal under Section 6 of Uttar Pradesh Control of Goondas Act, 1970 and simultaneously moved an application for stay of impugned order dated 28.05.2025 passed by the Additional District Magistrate, respondent no.3 in Case Crime No.518 of 2025 (State Vs. Magan Saxena) under Section 3(1) of U.P. Control of Goondas Act, 1970. 3. The petitioner is aggrieved by order dated 08.08.2025, whereby the respondent no.2 has rejected the application for stay in cursorily manner without considering any ground and bereft of any reason. The order dated 08.08.2025 is reiterated underneath:- " 08.08.2025 आज ्ऺस्तुत । Both Parties Present. Appeal Admitted. Call L.C. Heard stay application dated 31.05.2025. Stay Application rejected because no persuing ground of stay were found. Put upon next date for argument." 4. Learned A.G.A. accepts notice for the State. 5. The impugned order itself reflects non application of mind while rejecting the application for stay. The impugned order is liable to be set aside. Versus Counsel for Petitioner(s) : Suresh Dhar Dwivedi Counsel for Respondent(s) : G.A. Magan Saxena .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. The respondent no.2 is directed to reconsider the stay application of the petitioner and pass a reasoned order. Till then, the effect and operation of impugned order dated 28.05.2025 passed by the respondent no.3 Additional District Magistrate (F/R), Shahjahanpur in Case No.518 of 2025 (State Vs. Magan Saxena) under Section 3(1) of U.P. Control of Goondas Act, 1970, is kept in abeyance. 7. The writ petition is accordingly, disposed of. October 15, 2025 Shivangi CRLP No. 20182 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad