Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15738 of 2019 Petitioner :- Hasin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rizwan Ahmad(Qureshi) 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 01.04.2019 passed by Commissioner Commissionery Moradabad (respondent no. 5) in Appeal No. 00734 of 2019 under Section 6 of the U.P. Control of Goondas Act, 1970 filed by the petitioner.
Contention of the learned counsel for the petitioner is that against the order of externment the petitioner had filed an appeal before the Commissioner, Moradabad along with the stay application. However, the Commissioner, Moradabad had rejected the stay application vide order dated 01.04.2019 whereas the appeal is still pending consideration. 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 Moradabad along with the certified copy of this order within 10 days from today, the Commissioner Moradabad 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 28.2.2019 passed by District Magistrate, Moradabad shall be kept in abeyance.
It is made clear that in case the petitioner does not approach the Commissioner Moradabad along with the certified copy of this order within ten days from today, the interim protection granted by this Court shall stand automatically vacated.
Order Date :- 31.5.2019 Ujjawal