The court disposed of a writ petition directing the learned Additional Director General of Prison to decide a pending stay application and an appeal expeditiously within specified timelines without expressing any opinion on the merits.
Direction to respondent no.2 to decide the stay application within a week and the appeal within one month.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16417 of 2020
Petitioner :- Sundar 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. 829/2020 (Computeized Suit No. C-202013000000829) (Sundar Pal 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
Sundar
State Of U.P.
2 Others
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
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