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2025 DAILYLAW 63289 (ALL)

KRISHNAVATAR v. STATE OF UP AND 3 OTHERS

CRLP/10832/2025 · 2025-05-26

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89856-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10832 of 2025 Petitioner :- Krishnavatar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Gyan Prakash Dwivedi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Shri Gyan Prakash Dwivedi, 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 order dated 27.02.2025 passed by the District Magistrate, Chitrakoot arising out of Case No. 176 of 2024 (State Vs. Krishnavatar) U/S 3 (3) of U.P. Gunda Control Act, 1970, Police Station Sardhua, District Chitrakoot. b) issue a writ, order or direction in the nature of mandamus directing to the respondent authorities not make any coercive measure against the petitioner during pendency of the appeal before the respondent no.2/Commissioner Chitrakootdham Mandal, Banda. c) issue a writ, order or direction in the nature of mandamus directing the respondent no.2/ Commissioner Chitrakootdham Mandal, Banda to decide the appeal no. C202507000000435 filed by the petitioner dated 10.03.2025 within stipulated time, which this Hon'ble Court may deem fit and proper." 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 stay application filed along with the aforesaid appeal has not yet been decided, the same would be decided as per law expeditiously. 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 stay application filed along with the aforesaid appeal 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 :- 27.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad