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2025 DAILYLAW 94812 (ALL)

SANTOSH KUMAR TIWARI v. STATE OF U.P. AND ANOTHER

CRLP/20700/2025 · 2025-09-22

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20700 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. This writ petition has been filed for the following relief: "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.8.2025, passed by Additional Police Commissioner, Commissionerate Prayagraj, in Case No. 557 of 2024 (State of U.P. vs. Santosh Kumar Tiwari)." 2. Learned A.G.A. opposes the writ petition and has submitted that the petitioner has an efficacious remedy of filing an Appeal under Section 6 of the Uttar Pradeh Control of Goondas Act, 1970. 3. We do find substance in the submission made by the learned A.G.A. The petitioner if so advised may file an Appeal before the appellate authority within a period of 15 days and if the same is filed within the aforesaid period then the Appeal shall be considered without going into the question of limitation within a period of one month. 4. For a period of two months or till the decision of Appeal, whichever is earlier, the petitioner shall not be externed. 5. With these observations, the writ petition stands disposed of. September 23, 2025 M.S. Ansari Versus Counsel for Petitioner(s) : Ashvni Mishra Counsel for Respondent(s) : G.A. (Abdul Shahid,J.) (Siddhartha Varma,J.) Santosh Kumar Tiwari .....Petitioner(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad