Allahabad High Court
Mohammad Jamil @ Jameel vs State Of U.P. Thru. Prin. Secy. Home ... on 20 February, 2025
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:11311 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 1555 of 2025 Petitioner :- Mohammad Jamil @ Jameel Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Rakesh Kumar Nayak Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The instant petition has been filed by the petitioner seeking following reliefs:-
"(i) Issue a writ, order or direction, in the nature of Certiorari quashing the impugned order dated 03.01.2025, to extent part stay application has canceled/rejected, passed by the opposite party No. 2 in Criminal Appeal No. 3320/2024, in under Section 6 of the U.P. Control of Goonda Act, 1970 (Vinay Jaiswal Vs. State of U.P.), as contained in Annexure No. 2 to this writ petition.
(ii) Issue a writ, order or direction to stay to order dated 11.12.2024 passed by Additional District Magistrate, Sultanpur in Criminal Case No. 1492/2024 (State of U.P. vs. Jameel) till disposal of Criminal Appeal No. 3323/2024, in under Section 6 of the U.P. Control of Goonda Act, 1970 (Jameel Vs. State of U.P.), which is pending before opposite party no. 2."
3. Learned counsel for the petitioner submits that Additional District Magistrate, (F/R), Sultanpur has passed an order dated 11.12.2024 against the petitioner u/s 3(1) of U.P. Gunda Control Act, 1970. Against that order, the petitioner has preferred an appeal bearing Crl. Appeal No. 3323 of 2024 (Computerized Case No. 202404000003323) before Commissioner, Ayodhya Mandal, Ayodhya, which was admitted, but no interim protection has been granted to the petitioner. He next submits that vide order dated11.12.2024, order of externment for six months has been passed and in case stay is not granted, appeal would become infructuous. He also submits that as per settled provision of law, once appeal is admitted, it is required on the part of concerned Judicial Officer to grant stay order, therefore, denial of interim protection is bad and liable to be set aside.
4. Learned A.G.A. could not dispute the said facts.
5. I have considered the rival submissions advanced by learned counsel for the parties and also have perused the orders dated 03.01.2025 & 11.12.2024. Contentions raised by learned counsel for the petitioner are correct.
6. In view of above facts and circumstances of the case, this petition is partly allowed. The order dated11.12.2024 shall remain stayed till the disposal of the aforesaid appeal and abide by the final order passed in the appeal.
7.Commissioner, Ayodhya Mandal, Ayodhya is directed to decide the aforesaid appeal at the earliest in accordance with law after the date of production of certified copy of this order.
8. Office is directed to communicate this order to Commissioner, Ayodhya Mandal, Ayodhya for necessary compliance, forthwith.
Order Date :- 20.2.2025 Arpan