Single-judge order disposing a criminal writ petition solely by directing the Commissioner Moradabad to decide a pending stay appeal within one week, with no substantive legal findings.
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Court No. - 91 Case :- CRIMINAL MISC. WRIT PETITION No. - 19499 of 2022 Petitioner :- Abrar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State.
The petitioner has filed the present criminal writ petition seeking following relief:-
"1. Issue a writ or writs, order or orders, direction or directions in the nature of certiorari to quash the impugned order dated 09.09.2022 passed by Commissioner Moradabad (respondent no. 2) as well as the order dated 31.08.2022 passed by Additional District Magistrate (Judicial) (respondent no.3).
2. Issue a writ or writs order or orders, direction or directions in the nature of Mandamus commanding the Respondent No. 2 to decide the stay application which is pending along with the appeal and further direct to the respondent no. 3 not to made any implementation on order dated 31.08.2022 passed by respondent no. 3, during pendency of the appeal pending before the Commissioner, Moradabad Division, Moradabad."
Leaned counsel for the petitioner has confined his submission with regard to disposal of the stay application, which is stated to be pending alongwith the appeal before respondent No. 2- Commissioner, Moradabad Division, Moradabad, within stipulated time.
Learned A.G.A. has no objection for expeditious disposal of the stay application pending alongwith appeal.
In view of the categorical submissions made by learned counsel for the parties, the present writ petition is finally disposed of with the direction to respondent No. 2- Commissioner, Moradabad Division, Moradabad, to decide the Stay application, in case same has already been filed, alongwith appeal, which is stated to be pending being Appeal No. 1569 of 2022 (Abrar Vs. State of U.P.) within one week from today , subject to any legal impediment and co-operation of the parties.
Order Date :- 13.2.2023 Rmk.
Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad
Abrar
State Of U.P.
Commissioner Moradabad
Additional District Magistrate (Judicial)
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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