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2025 DAILYLAW 58558 (ALL)

SAKIB v. STATE OF U.P. AND 2 OTHERS

CRLP/9831/2025 · 2025-05-15

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81426-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9831 of 2025 Petitioner :- Sakib Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Shri Sunil Kumar Tiwari, learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. The present writ petition has been preferred for the following relief: "A. issue a writ, order or direction in the nature of Certiorari to quash the impugned externment order dated 06.05.2025 passed by Respondent No. 2 in Case No. D202511520001007 under section 3/4 U.P. Control of Goonda Act (State versus Sakib). B. issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to consider and decide the stay application in Appeal No. C202511000001168 of 2025 (Sakib versus State of U.P) filed by the petitioner within a stipulated period fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submits that the impugned order has been passed in a most arbitrary manner and requires interference by this Court. 4. Learned A.G.A. states that in case the aforesaid stay application has not yet been decided, the same would be decided as per law. 5. Considering the factual matrix, and without entering into the merits of the case, the writ petition is disposed of with the observation that the concerned authority shall decide the aforesaid stay application in accordance with law by a reasoned and speaking order, expeditiously, and preferably within a period of two weeks after affording an opportunity of hearing to the petitioner. Thereafter, the appeal itself shall be decided expeditiously, preferably within a further period of three weeks. 6. Till the disposal of the objection, respondents are restrained to take any coercive action against the petitioner. 7. An undertaking has also been given on behalf of the petitioner that he shall not indulge in any criminal activity. Order Date :- 16.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad