Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20088 of 2018 Petitioner :- Azam Khan @ Jugnu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the petitioner, Sri Deepak Mishra, learned AGA for the State and perused the record.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of Mandamus directing and commanding respondent no.2 to stay the effect and operation of order dated 25.06.2018 passed by Additional District Magistrate, Fathepur in Case No.D20160225001 (State vs. Azam Khan @ Jugnu), Police Station Bindki, District Fatehpur during the pendency of Case No. C201802000001227 (Azam Khan @ Jugnu vs. State) pending before his Court.
It is submitted by the learned counsel for the petitioner that although the petitioner has filed an appeal before the Commissioner, Allahabad Division, Allahabad, respondent no.2 against the order of externment dated 25.06.2018 passed by respondent no.3 but till date, the stay application filed therein has not been considered by respondent no.2 and the district authorities. On account of non- consideration of the stay application filed in the aforesaid appeal, the police is harassing the petitioner, hence a direction may be issued to the respondent no.2 to decide the petitioner's appeal within a time bound period fixed by this court or at least to consider the stay application of the petitioner filed along with appeal.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for the parties, without expressing any opinion on the merits of the case, we direct the Commissioner, Allahabad Division, Allahabad, respondent no.2 to decide the aforesaid appeal filed by the petitioner against the order of externment dated 25.06.2018 passed by respondent no.3, within a period of two months from the date of production of a certified copy of this order, before him. It is further directed that the stay application filed in the aforesaid appeal shall be decided by the respondent no.2 within a period of six weeks from the aforesaid date.
For a period of six weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order 25.6.2018 passed by respondent no.3 in the aforesaid case shall remain stayed.
In the case the petitioner fails to file a certified copy of this order before the Commissioner concerned within ten days from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to any benefit of this order.
With the aforesaid observations this writ petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Madhurima