Sonu Quraishi vs State Of U.P. And 3 Others
2021 Latest Caselaw 6358 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2515 of 2021
 
Petitioner :- Sonu Quraishi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shravan Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Ajai Tyagi,J.

By this writ petition, a challenge has been made to the order dated 3rd February, 2021 passed by the Commissioner, Meerut Division, Meerut, on an appeal under U.P. Control of Goondas Act, 1970. Learned counsel prays for a direction for early disposal of the appeal with exemption from payment of Rs. 500/- imposed by the appellate authority in ignorance of the order of this Court dated 19th January, 2021 passed in Criminal Misc. Writ Petition No. 336 of 2021.

We have heard learned counsel for the petitioner and find that cost of Rs. 500/- for condonation of delay has been imposed by the authority in ignorance of the judgment of this Court dated 19th January, 2021. The High Court had directed the appellate authority to ignore the issue of limitation, thus, imposition of cost of Rs. 500/- cannot be said to be justified and accordingly to that extent, the order dated 3rd February, 2021 is interfered.

So far as prayer for interim relief is concerned, period of six months has already been elapsed from the date of passing of the order by the District Magistrate i.e. 17th November, 2020. Therefore, the prayer for interim relief cannot be pressed. However, we dispose of this writ petition with a direction to the appellate authority to expedite the hearing of appeal and decide at the earliest.

Order Date :- 16.6.2021

VMA