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2025 DAILYLAW 60086 (ALL)

AFTAB AHMAD v. STATE OF U.P. AND 2 OTHERS

CRLP/10084/2025 · 2025-05-18

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83099-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10084 of 2025 Petitioner :- Aftab Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamta Prasad,Mahesh Prasad Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and perused the material brought on the record. 2. By means of the instant petition, the petitioners has prayed for following principal reliefs:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent No.2 to take a final decision in Case No.473/2023 (State Versus Muinuddin @ Jummu & others), under Section 14(1) of U.P. Gangster & Anti- Social Activities (Prevention of Atrocities) Act, 1986, Police Station- Maudaha, District- Hamirpur within stipulated period as fixed by this Hon'ble Court." 3. After arguing at some length, learned counsel for the petitioner in support of his submissions has placed reliance upon the order sheet of Case No.612 of 2023 (Government Vs. Moinuddin @ Jummu), under Section 15 of the The Uttar Pradesh Gangsters And Anti-Social Activities (Prevention) Act, 1986 and submits that since 27.10.2023 the matter is pending for consideration before the respondent-Authority either one reason or the other and the same has not been decided till date. 4. On the other hand, learned A.G.A. very fairly conceded the fact that in case, the grievance of the petitioner is not ventilated till date, definitely the same shall be redressed expeditiously in accordance with law. 5. Considering the factual situation as emerged before us, we have carefully examined the record in question and we have also occasioned to peruse the order- sheet which is also appended along with the writ petition and from which we find that no such serious efforts have been made by the Presiding Officer concerned to decide the claim of the petitioner in accordance with law. In such a situation, no further relaxation can be accorded to the Presiding Officer concerned to ventilate the grievance of the petitioner. 6. Under the circumstance, no fruitful purpose would be served to keep this matter pending for consideration. Accordingly, the instant writ petition stands disposed of asking the respondent No.2 i.e. District Magistrate/Collector, District- Hamirpur to take final call in deciding the claim of the petitioner without granting unnecessary adjournments within a period of two months from the date of production of certified copy of this order. 7. It is made clear that even if it is required, the adjournment is to be accorded with exemplary costs to the parties and hearing of the case may be ensured on day to day basis. 8. Before parting, we deem it fit to observe that we have not adverted into the merits of the case. Order Date :- 19.5.2025 Sachin (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad