Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19906 of 2018 Petitioner :- Mardan 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 the petitioner and Sri A.R. Chaurasia, learned A.G.A. for the State.
Petitioner in the instant petition is aggrieved by the externment order dated 13.6.2018 passed by respondent no. 3 in case no. 70 of 2017 computerized no. D201706450113 under section 3 of U.P. Control of Goondas Act, police station Jaklaun, District Lalitpur whereby the petitioner has been banished for six months from entering the limits of District Lalitpur, against which he preferred the statutory Appeal No. 1015 of 2018 computerized case no. C20186000001015 under section 6 of U.P. Goondas Act along with stay application before the Commissioner, Jhansi Division Jhansi respondent No. 2, who has rejected the stay application of the petitioner vide order dated 5.7.2018 fixing date for hearing of the appeal.
The learned counsel has assailed the impugned orders on the ground that three cases were cited as the basis for invoking the provisions of the U.P. Control of Goondas Act. It is submitted that appeal aforesaid was preferred along with accompanying application for interim relief which has been rejected vide order dated 13.6.2018 by the Commissioner, Jhansi Division Jhansi but the appeal is being adjourned from date to date. It is further submitted that the appeal is protracting and is not likely to be disposed/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 13.6.2018 passed by the respondent no. 3, District Magistrate, Lalitpur under section 3 U.P. Control Goondas Act, in the aforesaid case, shall remain stayed.
The certified copy of this order shall be produced 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 :- 25.7.2018/Shiraz