Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15024 of 2019 Petitioner :- Drigpal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virpratap Singh,Rahul Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned A.G.A.
The present writ petition has been filed for quashing the order dated 29.3.2019 passed by District Magistrate, Hamirpur in Case No.D201907320000073 of 2019 arising out of proceeding under Section 3 of UP Control of Goondas Act.
Contention of the learned counsel for the petitioner is that against the order of externment the petitioner had filed an appeal before the Commissioner, Chitrakoot Dham Region, Banda, which is still pending consideration as mentioned in para 12 of the writ petition. Contention is that the very purpose of filing this writ petition will become nullified in case no indulgence is granted to the present petitioner.
Keeping in view the facts and circumstances and looking to the nature of the controversy in issue, the present writ petition is finally disposed of with the direction that in case the petitioner approaches the Commissioner Chitrakoot Dham Region, Banda along with the certified copy of this order within two weeks from today, the Commissioner concerned shall hear and decide the appeal, if already not decided, within a period of two months from the date of production of certified copy of this order before him.
For a period of two months from today or till the disposal of the appeal, whichever is earlier, the effect and operation of the externment order dated 29.3.2019 passed by District Magistrate, Hamirpur shall be kept in abeyance.
It is made clear that in case the petitioner does not approach the Commissioner Varanasi along with the certified copy of this order within two weeks from today, the interim protection granted by this Court shall stand automatically vacated.
Order Date :- 29.5.2019 SP