Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1416 of 2019 Petitioner :- Mohd Farzan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Sakir,Anwar Mehdi Zaidi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Anwar Mehdi Zaidi, learned counsel for petitioner and learned AGA.
This writ petition is inter alia directed against the order dated 21.12.2018 by respondent no.2 in Appeal No.01949/18 Computerized Case No.D201813165102058 (State vs. Mohd. Farzan) arising out of Section 3(1) of U.P. Control of Goondas Act 1970 P.S Rehadh District Bijnor, whereby an application for interim stay pending in the appeal, has been rejected.
The A.D.M. (F&R), Moradabad vide order dated 30.11.2018, passed an order of externment under Section 3(1) of the Act for a period of six months. The petitioner preferred an appeal before the Commissioner, which came to be admitted on 21.12.2018, but the accompanying stay application was rejected.
Learned counsel for petitioner submitted that during pendency of the appeal, the Commissioner ought to have stayed the operation of externment order passed by the District Magistrate, else the purpose of filing an appeal would be frustrated.
Learned A.G.A, submitted that the appellate authority has given cogent reasons for rejecting the stay application.
It is well settled in law that once an appeal is admitted, operation of order impugned before it, if it has serious/drastic consequences, same is liable to be stayed. On the one hand, the Commissioner on 21.12.2018, admitted the appeal for hearing and summoned the records, but by the same stroke he rejected the stay application. The resultant situation is that even though appeal is slated for hearing before the appellate authority, a damocles sword is hanging over the petitioner on account of absence of any interim order during the pendency of the appeal, which would be in the teeth of law.
No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder:-
The writ petition is disposed of with the direction to Commissioner of the Division to decide and dispose of the pending appeal, as expeditiously as possible, preferably on the next date fixed or a date thereafter but till the disposal of the appeal operation of the order dated 21.12.2018, shall remain stayed.
Learned counsel for petitioner undertakes not to seek any adjournment before the appellate authority.
Order Date :- 22.1.2019 RS