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2025 DAILYLAW 55647 (ALL)

SAJID KHAN v. STATE OF U.P. AND 2 OTHERS

CRLP/9343/2025 · 2025-05-08

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75509-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9343 of 2025 Petitioner :- Sajid Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard learned counsel for the petitioner and learned AGA. 2. Present writ petition has been preferred for quashing the order dated 10.03.2025 passed by respondent no. 3 in Case No. 4 of 2025 (State vs. Sajid Khan) under Section 2/3 U.P. Control of Goondas Act, 1970, P.S. Echotech-Third, Distt. Gautam Buddh Nagar. 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 and once alternative remedy is available, there is no reason or occasion to bypass the same and as such the writ petition is liable to be dismissed. 4. Learned counsel for the petitioner submits that appeal along with stay application has already been filed by the petitioner which is pending before respondent no.2- Commissioner, Meerut Mandal, Meerut 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of with a direction upon respondent no.2 to decide the stay application within three weeks in accordance with law and the appeal shall also be decided expeditiously preferably within a period of two months. Order Date :- 9.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad