Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3898 of 2021 Petitioner :- Naved Khan Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Bhuvnesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The instant petition has been filed challenging the order dated 12.3.2021 passed by the Additional District Magistrate (Admn.), Bijnor in case Crime No.2381 under Section 3 of the U.P. Control of Goonda Act, 1970. It has also been prayed that a direction be issued to the appellate authority, namely Commissioner, Moradabad Division, Moradabad before whom statutory appeal No. 561 of 2021 is pending, to decide the same within a specified time frame.
The primary reason which has compelled the petitioner to approach this Court is the fact that the appellate authority had admitted the appeal vide order dated 24.3.2021 but no order has been passed on the stay application.
The submission is that the externment order enures only for a period of six months and unless its operation is stayed, the very purpose of filing the appeal would stand frustrated. There appears sufficient force in the submission of learned counsel for the petitioner.
Accordingly the writ petition is disposed of with the following directions :-
(a) The second respondent, Commissioner, Moradabad Division, Moradabad is directed to consider and decide the stay application as far as possible on the next date.
(b) The operation of the externment order shall remain stayed for six weeks.
(c) In case the petitioner seeks adjournment on the next date, it shall be open to respondent no.2 to proceed with the matter in accordance with law.
It is clarified that while deciding the stay application, the appellate court shall not be influenced by the interim protection granted by this Court and shall deal with the matter independently on its own merits. It shall also be open to the appellate court to decide the appeal itself finally on the next date.
(Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Order Date :- 28.5.2021 skv Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 13:55:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 13:56:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad