Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7716 of 2021 Petitioner :- Mehtab Singh Alias Chhotey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheetal Verma,Devesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following reliefs:
"(i) Issue writ, order or direction in the nature of mandamus commanding the respondents not to enforce the impugned order of externment dated 15.07.2021 (Annexure No.2) passed by Additional District Magistrate, Etawah and may stay operation/effect of the said order during pendency of petitioner's appeal No. Nil of 2021; Mehtab Singh @ Chhotey Vs. State of UP before the Commissioner, Kanpur Division, Kanpur-respondent no.2.
(ii) Issue a writ, order or direction in the nature of mandamus directing the Commissioner, Kanpur Division, Kanpur-respondent no. 2 to hear the petitioner's appeal No. Nil of 2021: Mehtab Singh @ Chhotey vs. State of UP filed on 28.07.2021 on admission alongwith stay application expeditiously within the time which may be fixed by this Hon'ble Court."
Learned counsel for the petitioners in support of his submission states that relief has also been accorded to the co-accused Shyam Pal in Criminal Misc. Writ Petition No. 7673 of 2021 (Shyam Pal Vs. State of U.P. and 3 others) by the order dated 24.9.2021 and as such, similar benefit may be extended to the petitioner also.
Per contra, learned A.G.A. has raised an objection that admittedly the appeal of the petitioner is still pending and it would appropriate in the interest of justice that the appeal may be directed to be decided on its own merit.
The Court has proceeded to examine the record in question and find that once efficacious and alternative remedy is available to the petitioner, there is no occasion or reason to bye-pass the same. We find substance in the objection raised by learned A.G.A. As such, we are not inclined to interfere in the matter at this stage. However, leave is accorded to the petitioner to press the pending appeal.
With the aforesaid leave, the present writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 Jaswant