Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7681 of 2021 Petitioner :- Awadhesh Kumar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The instant petition has been filed with the following reliefs:
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.08.2021 passed by Respondent no.2 in Appeal no.00735 of 2021 (C-202106000000735 of 2021) (under Section 6 of U.P. Gunda's Act) Awadhesh Kumar vs State of U.P., Police Station Jakhaura, District-Lalitpur (annexure no.2 to the writ petition).
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive step against the petitioner during the pendency of the appeal before the respondent no.2."
It has been submitted by the learned counsel for the petitioner that the petitioner has been externed for three months from entering into the limits of District Lalitpur vide order dated 15.7.2021 passed by the respondent no.3. Appeal had been filed against the same wherein the interim application has been rejected vide order dated 25.08.2021, which is subject matter of challenge herein.
It is contended that as the externment is operative for a period of three months only, the decision on the appeal ought to be made with utmost expedition, otherwise the very purpose of appeal would stand frustrated.
Learned A.G.A could not raise any plausible objection to the said prayer.
Thus, without expressing any opinion on the merits of the case, we direct the respondent no.2, Commissioner Jhansi Mandal Jhansi to decide the appeal of the petitioner, expeditiously, preferably on the next date fixed, if not already decided.
With the above, the writ petition is disposed of.
Order Date :- 17.9.2021/Harshita