Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25476 of 2018 Petitioner :- Manvendra Singh @ Sonu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Singh Sengar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vijay Singh Sengar, learned counsel for petitioner, Sri Gambhir Singh, 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.01068 of 2018, computerized case no.C201806000001068 (Manvendra Singh @ Sonu 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 20.6.2018 passed by respondent no.3 may be stayed.
The learned counsel for the petitioner states that against the externment order dated 20.6.2018 passed by District Magistrate, Jalaun at Orai (respondent no.3), petitioner has preferred an appeal along with accompanying application for interim relief which has been rejected vide order dated 25.7.2018 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 20.06.2018 passed by District Magistrate, Jalaun (respondent no.2) in Case No.835 of 2017 (Computerized Case NO. D201706350835) (State Vs. Manvendra Singh @ Sonu), under section 3(1) U.P. Control Goondas Act, Police Station-Nadigaon, district Jalaun 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 :- 13.9.2018 AU