Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12449 of 2021 Petitioner :- Bimlesh @ Chhote @ Vimlesh Kumara Respondent :- State Of U.P. Through Secretary Home At Lucknow & 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioner and learned AGA.
Present writ petition has been preferred for quashing the order dated 30.09.2021 passed by District Magistrate, Kanpur Nagar in Case No.1281 of 2019 (State vs. Bimlesh @ Chhote) Computer Case No. D201903220001281 under Section 3 (1) U.P. Control of Goondas Act, 1970.
Submission of learned counsel for the petitioner is that although appeal was filed on 08.11.2021, however till date the same has not been registered as per his information.
Learned counsel for the petitioner drawing the attention to question and answer which is annexed at page 23 of the paper book, submission is that even the registration has not been done till date whereas the appeal is to be decided expeditiously as life of externment order itself is of six months.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with a direction to respondent no. 2, Commissioner Kanpur Mandal, Kanpur to direct the authorities concerned to register the appeal and decide the stay application of the petitioner within 15 days and decide the appeal within a period of one month from the date of production of certified copy of this order.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 23.12.2021 Aditya Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.23 17:16:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by CHANDRA KUMAR RAI Date: 2021.12.23 17:17:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad