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Neutral Citation No. - 2025:AHC:90138-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 10891 of 2025 Petitioner :- Monu Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Singh Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. This writ petition has been filed for the following reliefs:
"(i) issue a writ order or direction in the nature of certiorari to quash the impugned order dated 16.04.2025 passed by learned Commissioner, Gautam Buddh Nagar in Case No. 03 of 2025 (State vs. Monu Chauhan) U/s 2/3 of U.P. Goondas Control Act, 1970 at P.S. Sector-49 Noida, District - Gautam Buddha Nagar. (ii) issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 not to take any coercive action against the petitioner."
2. Learned A.G.A. submits that the order impugned is appealable before the Commissioner under Section 6 of the U.P. Control of Goondas Act, 1970.
3. However, since the petitioner has wrongly approached this Court by filing this writ petition and has not filed the Appeal, we provide that if the petitioner files an Appeal now within a period of ten days from today then the same shall be entertained without going into the question of limitation and shall be decided within a period of one month thereafter.
4. If any application for interim relief is filed then the same shall be decided within a period of one week.
5. For a period of two weeks, the petitioner shall not be arrested.
6. With these observations, the writ petition stands disposed of. Order Date :- 27.5.2025 M.S. Ansari (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad