Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20568 of 2019 Petitioner :- Malkhan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Nanhe Lal Tripathi, learned counsel for the petitioner and Sri Gaurav Pratap Singh, learned A.G.A. for the State- respondents.
According to the petitioner against an externment order, he preferred an appeal along with an application for stay before the respondent no. 2, Commissioner Jhansi Mandal Jhani but erroneously, his application for grant of stay has been rejected. Learned counsel for the petitioner submits that till his appeal is decided, the appellate authority is under the obligation to grant stay in favour of the petitioner.
Opposing this submission, it has been argued by the State counsel that while exercising its discretion, the appellate authority has decided the interim application and petitioner cannot claim interim relief as a matter of right. He, however, submits that direction can be issued to the appellate authority for deciding the appeal itself expeditiously.
Considering the rival submissions made by the parties, we are of the view that no illegality has been committed by the appellate authority while rejecting the interim application of the petitioner. However, the appellate authority is directed to decide the appeal itself expeditiously preferably within 15 days from the next date of hearing subject to production of certified copy of this order by the petitioner before the said authority.
The writ petition is disposed of.
Order Date :- 26.8.2019 SK