Neutral Citation No. - 2025:AHC:22805-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 555 of 2025 Petitioner :- Babli Alias Deshi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Gupta Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. 2. This writ petition has been filed for quashing the impugned Judgment & order dated 02.12.2024 passed by Special Court, Additional Commissioner of Police, Gautam Budh Nagar in Case No.71 of 2023, under section 2/3, U.P. Control of Goondas Act, 1970, Police Station-Dankaur, District-Gautam Bidh Nagar. 3. Learned A.G.A. raised a preliminary objection to the maintainability of the writ petition on the ground that the petitioner has opportunity to file an appeal against the impugned judgment and order raising all the objections including that of jurisdiction to issue notice before the competent authority in view of the law laid down by Hon'ble Supreme Court in Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr., (2004)3 SCC 440. 4. Considering the facts and circumstances of the case, we dispose off this writ petition with liberty to the petitioner to file an appeal along with a stay application against the impugned judgment and order within a week from today before the competent authority raising all the objections as may be available to him under law including that of jurisdiction. The authority concerned shall decide the stay application in accordance with law by a speaking and reasoned order expeditiously, preferably within a period of three weeks from the date of submission of a copy of this order along with a copy of the reply, after affording opportunity of hearing to the petitioner. Thereafter, the appeal itself will be decided expeditiously. 5. Till the disposal of the objection, respondents are restrained to take any coercive action against the petitioner. 6. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. Order Date :- 18.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad