Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7979 of 2021 Petitioner :- Brij Pal Alias Brijpal Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Satyendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),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) to issue a writ or direction in the nature of certiorari for quashing the impugned order dated 08.07.2021(Annexure No.5 to this writ petition) passed by the District Magistrate, Baghpat, Under Section 3/4 of the U.P. Control of Goondas Act, 1970 in Case No.00387 of 2021 by which the petitioner has been vanished for six months from entering the limits of the District Baghpat and order dated 11.08.2021 (Annexrue No.11 to this writ petition) passed by the respondent no.2 by which the stay application filed in Appeal No.886 of 2021, U/s 6(1) of the U.P. Control of Goondas Act, 1970 has been rejected."
It has been submitted by the learned counsel for the petitioner that the petitioner has been externed for six months from entering into the limits of District-Baghpat vide order dated 08.07.2021 passed by the respondent no.3, District Magistrate, Baghpat. Appeal had been filed against the same wherein the interim application has been rejected vide order dated 11.08.2021, which is subject matter of challenge herein.
It is contended that as the externment is operative for a period of six 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, Meerut Division, Meerut 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 :- 24.9.2021/Harshita