Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3915 of 2021 Petitioner :- Furkan Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Bhuvnesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The petitioner was proceeded under Section 3(1) of U.P. Control of Goondas Act. In those proceedings, the Additional District Magistrate (Administration), Bijnor passed an order of externment dated 10.03.2021. Against the externment order, the petitioner filed an appeal, being Appeal No.562 of 2021, under Section 6 of the U.P. Control of Goondas Act, before the Commissioner, Moradabad Division, Moradabad, which was entertained and a date has been fixed for hearing.
The grievance of the petitioner is that he had also filed an application seeking stay of the operation of externment but no order has been passed on the stay application and therefore the appeal will be rendered infructuous. He states that pursuant to the externment order, the respondents are harassing the petitioner therefore a direction be issued upon the Commissioner to decide the appeal of the petitioner within a stipulated period and in the meantime, the operation of the externment order be stayed.
The learned counsel for the petitioner further urged that the order of externment is not legally justified as there was just a solitary case against the petitioner in respect of raising protest against CAA amendment.
The learned A.G.A. sought to defend the order of externment but is agreeable that the appeal has to be decided expeditiously.
Be that as it may, considering the fact that an order of exernment is operable only for a period of six months and if no interim order is passed pending disposal of the appeal, the appeal itself may be rendered infructuous, we deem it appropriate to dispose off this petition by requiring the Commissioner, Moradabad Division, Moradabad to decide the appeal No.562 of 2021 filed by the petitioner, preferably, within a period of six weeks from the date of production of copy of this order. Till disposal of the appeal, the externment order dated 10.03.2021 passed by the Additional District Magistrate (Administration), Bijnor in Case No.2379 of 2020 shall remain stayed.
It is made clear that this order shall be effective if a copy of this order is served in the office of the Commissioner, Moradabad Division, Moradabad within a period of 10 days from today, subject to Covid-19 protocols.
Learned A.G.A., who has appeared for the State-respondents, shall also communicate the order to the concerned authorities.
The petition stands disposed off.
Order Date :- 28.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.28 13:52:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.28 13:55:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad