Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71517-DB
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8788 of 2025 Petitioner :- Babloo @ Rohit Kumar Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Ram Chandra,Ravindra Kumar,Sanket Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard Shri Ravindra Kumar and Shri Sanket Kumar, learned counsel for the petitioner and learned AGA for State respondents.
2. The instant writ petition has been preferred for quashing the impugned order dated 03.01.2025 passed by respondent no.2 in Case No.1877 of 2022 (State v. Babloo) under Section 3 (3) of U.P. Control of Goondas Act, 1970.
3. At the very outset, learned AGA has raised preliminary objection regarding the maintainability of the writ petition on the ground that against the order impugned the petitioner has got alternative efficacious remedy to file appeal. Without availing the said remedy, the petitioner has straightaway approached this Court and as such the instant writ petition is liable to be dismissed.
4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue, the writ petition stands disposed of with observation that in case, against the order impugned, the petitioner files an appeal along with stay application within one week, the appellate authority shall decide the stay application in accordance with law in further two weeks and shall also make an endeavour to decide the appeal expeditiously. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad