The court disposed of the writ petition by ordering the respondent to decide a stay application within a week and an appeal within one month, without expressing any opinion on the merits.
Direction to respondent no.2 to decide stay application and appeal within stipulated periods.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16408 of 2020
Petitioner :- Somveer Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for a direction to the respondent no.2 to decide the stay application as well as Appeal No. 830/2020 (Computerized Suit No. C-202013000000830) (Somveer Vs. State) within a stipulated period.
Learned A.G.A. has no objection to the aforesaid request.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner this writ petition is disposed of with the following directions to the respondent no.2 :-
(i) The respondent no.2 shall make all endeavour to decide the Stay Application of the petitioner, if still pending; within a week from the date of submission of copy of this order.
(ii) The respondent no.2 shall decide the Appeal in accordance with law, expeditiously, preferably within one month from the date of submission of a copy of this order without granting any unnecessary adjournment to either of the parties.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 25.1.2021/vkg
Somveer
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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