Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14567 of 2018 Petitioner :- Bhoopram Respondent :- State Of U.P. And 3 O Thers Counsel for Petitioner :- Rupesh Srivastav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rupesh Srivastava, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State.
Petitioner in the instant petition is aggrieved by the externment order dated 18.04.2018 passed by respondent no. 3 in case no.150 of 2018 under section 3 (1) of U.P. Control of Goondas Act, police station Meerganj, District Bareilly whereby the petitioner has been banished for six months from entering the limits of District Bareilly, against which he preferred the statutory Appeal No. 632 of 2018 computerized case no. C201812000000632 under section 3(1) of U.P. Goondas Act along with stay application before the Commissioner, Bareilly Division, Bareilly respondent No. 2, who has admitted the appeal and rejected the stay application of the petitioner vide order dated 04.05.2018 fixing 01.06.2018 for hearing of the appeal.
The learned counsel has assailed the impugned orders on the ground that four cases were cited as the basis for invoking the provisions of the U.P. Control of Goondas Act. It is submitted that appeal aforesaid was preferred along with accompanying application for interim relief which has been rejected vide order dated 04.05.2018 by the Commissioner, Bareilly Division Bareilly. It is further submitted that the appeal is protracting and is not likely to be disposed/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 18.04.2018 passed by respondent no. 3 in case no.150 of 2018 under section 3 (1) of U.P. Control of Goondas Act, police station Meerganj, District Bareilly, shall remain stayed.
The certified copy of this order shall be produced before the Commissioner, Bareilly Division Bareilly, respondent No. 2, within a period of two weeks from today.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.5.2018 AU