JUDGMENT :

1. Case called out.

2. Sri Ashish Kumar Gupta, Advocate has already filed caveat on behalf of Akhilesh Kumar Pathak, the complainant.

3. At the outset, Mr. Pawan Kumar Rao, learned counsel for the petitioner, submits that Akhilesh Kumar Pathak has no locus to oppose this writ petition.

4. Sri Ashish Kumar Gupta, Advocate submits that he may be permitted to withdraw his caveat application.

5. Prayer is allowed. Now, the writ petition is proposed to be heard on merit.

6. Heard Mr. Pawan Kumar Rao, learned counsel for the petitioner and the learned A.G.A. for the State.

7. The instant petition has been filed for the following relief:

"To stay the effect and operation of impugned order dated 19.1.2023 passed by the respondent no.2/ Commissioner, Basti Division, Basti in Appeal bearing Case No. 656/22 (Harishchand Vs. State of U.P.), under Section 6 of U.P. Control of Goondas Act, 1970, Police Station-Ghanghata, District-Sant Kabir Nagar and order dated 11.11.2022 passed by the respondent no. 3/District Magistrate, Sant Kabir Nagar in Case No. 480 of 2022, under Section 3/4 of U.P. Control of Goondas Act, 1970, Police Station-Ghanghata,, District Sant Kabir Nagar during the pendency