Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23414 of 2018 Petitioner :- Lakhan 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 Sri Jaysingh Yadav, 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 directing the respondent no.2 to decide the case no.1265 of 2018, computerized case no.C201806000001265 (Lakhan Singh Vs. State of U.P.) u/s 6 of U.P. Control of Goondas Act, 1970 within stipulated period as fixed by this Court and till disposal of case before respondent no.2, the order dated 30.07.2018 passed by respondent no.3 may be stayed.
The learned counsel for the petitioner states that against the externment order dated 30.07.2018 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 08.08.2018 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 30.07.2018 passed by Additional District Magistrate, Lalitpur (respondent no.3) in Case No.57 of 2017 D201706450510 (State Vs. Lakhan Singh), under section 3 U.P. Control Goondas Act, Police Station- Jakhaura, 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 :- 27.8.2018 AU