Nadeem Vs State of U.P. and 3 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 38 of 2018

Petitioner :- Nadeem Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mirza Ali Zulfaqar Counsel for Respondent :- G.A.

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Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

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Heard learned counsel for the parties.

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By an order dated 08.12.2017, the Commissioner, Moradabad Mandal, Moradabad while admitting an appeal as per provisions of Section 6 of the Uttar Pradesh Control of Goondas Act,1970 (hereinafter referred to as "Act 1970") refused for grant of interim relief. The appeal has been fixed for hearing on 14.02.2018. As per the order under appeal, the period of adjournment of the petitioner shall expire on 06.03.2018.

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From perusal of the order impugned, we noticed that no order has been passed on the stay application preferred by the petitioner along with the appeal. The appeal too has been adjourned on 08.12.2017 for a period of more than two months. The appeal under the Act of 1970 is required to be heard and disposed of expeditiously and we do not find any just reason to adjourned the appeals for a period of more than two months and that too without deciding the stay application.

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Having considered all facts of the case, we deem it appropriate to dispose of this petition for writ by directing the Appellate Authority to consider and decide the stay application preferred by the petitioner along with the memo of appeal within a period of three days from the date the petitioner produces a certified copy of this order. The appeal is also required to be considered and decided at the earliest.

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The writ petition stands disposed of with the directions as above.

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Order Date :- 4.1.2018 Rameez

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(Ashok Kumar,J.) (Govind Mathur,J.)

Nadeem v. State of U.P. and 3 Others

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Nadeem v. State of U.P. and 3 Others

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