Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10908 of 2019 Petitioner :- Amir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tufail Hasan Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the parties and perused the record.
It is submitted by learned counsel for petitioner that on 18.03.2019, the order of externment of six month has been passed by respondent no. 3 in Suit No. 01654 of 2018, under Section 3 of Uttar Pradesh Control of Goondas Act 1970. Thereafter an appeal was preferred before the learned Commissioner respondent no. 2 on 30.03.2019 along with stay application but no order has been passed on the stay application. Learned commissioner may be directed to pass appropriate order on the stay application filed along with appeal and also may be directed to decide appeal expeditiously within stipulated period.
Since the appeal has been filed before the respondent no. 2 against the order of externment passed by the respondent no. 3. This court is not inclined to express any opinion on the merits of the case.
Learned Commissioner is directed to decide the appeal on its own merits within a month from the date of receiving the certified copy of this order.
For a period of one month, the order passed by learned Magistrate dated 18.03.2019 shall be kept in abeyance.
Accordingly, writ petition is disposed of.
Order Date :- 25.4.2019 Sharad/-