Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15821 of 2020 Petitioner :- Manohar Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed today is taken on record.
The instant petition has been filed challenging the order dated 14.9.2020 passed by respondent No.4 for externment of the petitioner under the provisions of U.P. Control of Goondas Act, 1970 and the order dated 30.9.2020 passed by respondent No.2 rejecting the stay application of the petitioner in an appeal filed by him challenging the externment order.
The short submission is that the duration of externment order is six months and unless its operation is stayed during pendency of appeal, the very object of filing appeal would stand frustrated.
Learned counsel for the petitioner, on instructions from his client has made a statement at the Bar that the next date fixed in appeal is 24 Feb. 2021. He has extended assurance that in case interest of petitioner is protected by this Court, the petitioner shall positively argue the appeal on the next date and will not seek any adjournment.
Learned AGA is not in a position to dispute that the duration of externment order is six month and in case stay is not granted during pendency of appeal, the statutory remedy would stand frustrated.
Having regard to the same, we dispose of the instant petition by providing as follows :-
(a) Respondent No.2 shall make endeavour to hear the appeal finally on the next date i.e., 24.2.2021 unless appeal is adjourned for reasons beyond control of the parties.
(b) For a period of two months or till the disposal of appeal, which ever is earlier, operation of the externment order impugned in appeal, shall remain in abeyance.
(c) The petitioner shall file a true attested copy of this order before respondent No.2 within one week from today, failing which the interim protection granted to him by this order, shall stand vacated automatically.
(d) In case the petitioner seeks adjournment in appeal, the interim protection will no more be available to him.
(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.1.2021 skv