Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9756 of 2021 Petitioner :- Bhan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:-
"1. A writ, order or direction in the nature of certiorari for quashing the externment order dated 25.08.2021 passed by District Magistrate, Auraiya i.e. respondent no.3 in Case No.534/2021 Computer Case No.D202103050000534 U/S 3 U.P. Control of Goondas Act, P.S. Ajitmal, District Auraiya by which the petitioner has been externed from the limits of District Auraiya.
2. A writ, order or direction in the nature of mandamus directing to respondents to not arrest the petitioner in ursuance of order dated 25.08.2021 in Case No.534/2021 Computer Case No.D202103050000534 U/S 3 U.P. Control of Goondas Act, P.S. Ajitmal, District Auraiya during the pendency of Appeal No.NIL of 2021 before respondent no.2 U/S 6 U.P. Control of Goondas Act."
Learned A.G.A. submits that the respondent no.2 shall decide the aforesaid appeal filed by the petitioner under Section 6 of U.P. Control of Goondas Act, 1970, in accordance with law expeditiously.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of directing the Appellate Authority to decide the stay application filed alongwith the aforesaid appeal in accordance with law expeditiously preferably within three months from the date of production of a copy of this order, without granting any unnecessary adjournment to either of the parties. The appeal may also be decided expeditiously.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.25 17:18:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.25 17:22:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad