Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 80117 (ALL)

SAUDAN PAHAWAN @ SAURABH v. STATE OF U.P. AND 2 OTHERS

CRLP/16676/2025 · 2025-07-31

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:129175 Court No. - 79 Case :- CRIMINAL MISC. WRIT PETITION No. - 16676 of 2025 Petitioner :- Saudan Pahawan @ Saurabh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The present writ petition has been filed for the following reliefs:- "(i) issue a writ order or direction in the nature of certiorari quashing the impugned order dated 3.7.2025 (Annexure no.1 to the writ petition) passed by respondent no.2 in Case No. 1366 of 2025 (computerized Case No. C- 202501000001366) (Saudan Pahalwan @ Saurabh Vs. State), under section 6 of U.P. Control of Goondas Act." 3. Learned counsel for the petitioner submits that in the above mentioned case an appeal under the Goonda Act is pending before the Commissioner, Agra Division, Agra but the stay application in that appeal has been rejected by the impugned order which is illegal. He further submits that till the pendency of the appeal the operation of the impugned order be also stayed. 4. Learned A.G.A. has opposed the prayer made by learned counsel for the petitioner. 5. Considering the facts and circumstances of the case, it is evident that the appeal of the applicant under the Goonda Act is pending before the Commissioner, Agra Division, Agra and only the stay application has been rejected by the impugned order. Since, the appeal is still pending, it will not be proper to give any finding on the merits of the case, at this stage, it will be appropriate that the Commissioner, Agra Division, Agra dispose of the pending appeal expeditiously. 6. In view of the above, this petition is disposed of with the direction that the Commissioner, Agra Division, Agra decide the appeal pending before it under the Goonda Act, expeditiously, within a period of one month from the date the certified copy of this order is produced by the applicant-petitioner before him. 7. Meanwhile, no coercive action shall be taken against the petitioner in the aforesaid case, till the disposal of the appeal pending before the concerned Commissioner. Order Date :- 1.8.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad