Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 37398 of 2018 Petitioner :- Krishna Vijay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer that suitable direction may be issued to Commissioner, Prayagraj Division, Prayagraj to decide the Appeal no. 2218 of 2018 filed against the order dated 22.11.2018 passed by the respondent no. 3, Additional District Magistrate (Administration), Prayagraj, under section 3(3) of the U.P. Control of Goondas Act, 1970 by which the petitioner has been externed from District Allahabad, for a period of six months.
Counsel for the petitioner submits that although the petitioner has filed an appeal before respondent no. 2 against the order of externment dated 22.11.2018 passed by respondent no. 3, Addl. District Magistrate (Administration), Prayagraj on 4.12.2018 but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no. 2, therefore he has made a prayer before this Court that suitable direction may be issued to the respondent no. 2 to decide the appeal in accordance with law or at least consider the stay application of the petitioner filed along with Appeal no. 2218 of 2018.
After hearing learned counsel for both the parties, without expressing any opinion on the merits of the case we direct the Commissioner, Prayagraj Division, Prayagraj to decide Appeal No. 2218 of 2018 filed by the petitioner before him against the order of externment dated 22.11.2018 passed by the Addl. District Magistrate (Administration), Prayagraj expeditiously in accordance with law without granting unnecessary adjournment to either of the parties.
With the aforesaid direction, the writ petition stands dispose of.
Order Date :- 19.12.2018 Faridul