Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24307 of 2018 Petitioner :- Anurag Awasthi Alias Sonu Awasthi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Babu Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Babu, learned counsel for petitioner, Sri N.K. Verma, learned AGA for State and perused the record.
The present petition has been filed with the prayer to quash the impugned order dated 11.7.2018 passed by Commissioner, Kanpur Division, Kanpur so far rejecting stay application in appeal no.01836/2018/541/18 u/s 6 of U.P. Control of Goondas Act, 1970 and order dated 29.6.2018 passed by District Magistrate, Auraiya in case no.00197/2018 u/s 3(1) of U.P. Control of Goondas Act, 1970.
The learned counsel for the petitioner states that against the externment order dated 29.6.2018 passed by District Magistrate, Auraiya (respondent no.3), petitioner has preferred an appeal along with accompanying application for interim relief which has been rejected vide order dated 11.7.2018 by the Commissioner, Kanpur Division, Kanpur, respondent No. 2, but the appeal is being adjourned. It is further submitted that the appeal is protracting and is not likely to be disposed of/decided attended with further submission that in case, the same is not disposed of expeditiously, it would frustrate the very purpose of filing of appeal.
In the result, the petition is disposed of with a direction that the Commissioner before whom the aforesaid appeal is stated to be pending shall endeavour to dispose of the appeal on its intrinsic merits within a period not exceeding two months from the date of production of a certified copy of this order.
For a period of two months from today, the impugned externment order dated 29.6.2018 passed by District Magistrate, Auraiya (respondent no.3) in Case No.00197/2018 (State Vs. Sonu Awasthi), under section 3(1) U.P. Control Goondas Act, Police Station-Kotwali, district Auraiya shall remain stayed.
The certified copy of this order shall be produced by the petitioner before the Commissioner, Kanpur Division, Kanpur, respondent No.2 within a period of ten days from today.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018 Gaurav