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2025 DAILYLAW 62784 (ALL)

PRADEEP BHARTI v. STATE OF U.P. AND 2 OTHERS

CRLP/10810/2025 · 2025-05-26

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90468-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10810 of 2025 Petitioner :- Pradeep Bharti Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard 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 26.04.2025 being Case No.5361 of 2023 (State v. Pradeep Bharti) under Section 3/4 U.P Control of Gundas Act, 1970. 3. At the very outset, learned AGA has raised preliminary objection regarding the maintainability of the writ petition on the ground that against the impugned order the petitioner has got alternative efficacious remedy of appeal. Instead of availing the said remedy, the petitioner has directly approached this Court and as such the instant 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 in case the petitioner prefers appeal along with stay application within one week, the appellate authority will decide the stay application in accordance with law within three weeks, thereafter and also make an endeavour to decide the appeal expeditiously. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 27.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad