Court No. - 81
Case :- APPLICATION U/S 482 No. - 15733 of 2021 Applicant :- Mohd. Mudissar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Priya Singh Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Anand Priya Singh, learned counsel for the applicant and learned A.G.A. for the State.
The present application under section 482 Cr.P.C. has been filed with a prayer to direct the appellate court/opposite party No. 2 Commissioner, Azamgarh Manal Azamgarh to expedite disposal of stay application in appeal under section 6 of U.P. Control of Goondas Ac, arising out of order dated 23.6.2021, under section 3(1) of U.P. Control of Goondas Act, 1970, Case No. 02024 of 2020, passed by opposite party no. 3, Police Station Sarai Lakhansi, District Mau pending before the Commissioner Azamgarh Mandal Azamgarh, District Azamgarh within stipulated fixed period in the interest of Justice It is contended by learned counsel for the applicant that District Magistrate, Mau passed an externment order against the applicant on 23.6.2021, against which the applicant filed an appeal along with stay application under section no.6 of U.P. Control of Goondas Act before learned Commissioner Azamgarh Manal Azamgarh. Though the appeal has been admitted by the Commissioner concerned but the stay application annexed therein is still pending. It is further contended that the district authorities on account of non- consideration of the stay application filed in the aforesaid appeal are harassing the applicant, therefore, he has made a prayer before this court that suitable direction may be issued to opposite party no. 2 to decide the appeal within a time bound period fixed by this court or at least to consider the stay application of the applicant filed along with the appeal.
Learned AGA has no objection to the aforesaid prayer made by the applicant.
After hearing learned counsel for both the parties, without expressing any opinion on the merits of the case we direct the Commissioner, Azamgarh Mandal, Azamgarh, to decide the appeal filed by the applicant before him against the order of externment dated 23.6.2021 passed by the District Magistrate, Mau, within a period of eight weeks from the date of production of a certified copy of this order if there is no legal impediment. It is further directed that the stay application filed in the aforesaid appeal shall be decided by the opposite party no.2 within a period of three weeks from the aforesaid date. For a period three weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 23.6.2021 passed by the District Magistrate, Mau, shall remain stayed.
In case the applicant fails to file a certified copy of this order before the Commissioner, Azamgarh Mandal, Azamgarh within one month from today, then this application shall stand automatically dismissed and the applicant shall not be entitled to take benefit of this order.
With the aforesaid observations this application is finally disposed of.
Order Date :- 22.9.2021 SP