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Neutral Citation No. - 2025:AHC:66694-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8285 of 2025 Petitioner :- Krishna Kumar Singh Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Girja Shanker Mishra,Iftekhar Ahmad,Pratiksha Rai Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard Shri Pratiksha Rai, 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 10.03.2025 passed by respondent no.2-Addl. District Magistrate (Finance and Revenue) in Case Crime No.1287 of 2024 under Section 3 (1) of Uttar Pradesh Control of Goondas Act, 1970 (in short "Goondas Act") (State v. Shri Krishna Kumar Singh) P.S. Kacchwa, Distt. Mirzapur and for a direction to respondents not to take coercive action against the petitioner pursuant to impugned notice dated 13.09.2024 issued under Section 3 (1) of Goondas Act.
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 prefer appeal. Without availing the said remedy, the petitioner has straightaway approached this Court and as such the 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 against the order impugned in case the petitioner prefers appeal along with stay application within one week, the appellate authority would decide the stay application in accordance with law in further two weeks and also make an endeavour to decide the appeal expeditiously. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 29.4.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad