Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22867 of 2018 Petitioner :- Kalyan @ Kalyan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jaysingh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for petitioner, Sri N.K. Verma, learned AGA for State and perused the record.
The present petition has been filed with the prayer to quash the impugned order dated 25.07.2018 passed by respondent no.2 in Case No. 01139/2018 (Computer Case No. C201806000001139) (Kalyan Vs. State) under section 6 of U.P. Control of Goonda Act and impugned order dated 09.07.2018 passed by respondent no.3 in Case No. 91/2017 D201706450663 under section 3 of U.P. Control of Goonda Act, PS. Banpur, District Lalitpur.
The learned counsel for the petitioner states that against the externment order dated 09.07.2018 passed by Additional District Magistrate, Lalitpur (respondent no.3), petitioner has preferred an appeal along with accompanying application for interim relief which has been rejected vide order dated 25.07.2018 by the Commissioner, Jhansi Division, Jhansi respondent No.2, but the appeal is being adjourned. It is further submitted that the appeal is protracting and is not likely to be disposed of/decided attended with further submission that in case, the same is not disposed of expeditiously, it would frustrate the very purpose of filing of appeal.
In the result, the petition is disposed of with a direction that the Commissioner before whom the aforesaid appeal is stated to be pending shall endeavour to dispose of the appeal on its intrinsic merits within a period not exceeding two months from the date of production of a certified copy of this order.
For a period of two months from today, the impugned externment order dated 09.07.2018 passed by Additional District Magistrate, Lalitpur (respondent no.3) in Case No. 91/2017 D201706450663 (State Vs. Kalyan), under section 3 od U.P. Control Goondas Act, Police Station Banpur, District Lalitpur shall remain stayed.
The certified copy of this order shall be produced by the petitioner before the Commissioner, Jhansi Division, Jhansi, respondent No.2 within a period of ten days from today.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018/Madhurima