Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10401 of 2018 Petitioner :- Neeraj Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Sharma,Deepak Kumar Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Sharma, learned counsel for the petitioner and Sri N.K. Verma, learned A.G.A. for the State.
The present writ petition has been filed by the petitioner praying for quashing the order dated 11.4.2018 passed by respondent no. 2 against the petitioner as well as the order dated 5.2.2018 passed by respondent no. 3 under section 3 (1) of U.P. Control of Goondas Act.
The learned counsel has assailed the impugned orders on the ground that one case was 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 11.4.2018 by the Commissioner, Allahabad region Allahabad, 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.
Learned A.G.A. has pointed out that today is the date fixed in the matter before the Commissioner concerned, who while rejecting the stay application of the petitioner has passed a detailed and reasoned order.
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 one month from the date of production of a certified copy of this order.
For a period of one month from today, the impugned externment order dated 5.2.2018 passed by the respondent no. 3, District Magistrate, Pratapgarh under section 3 (1) U.P. Control Goondas Act, in Case No. 1837 of 2017, shall remain stayed.
The certified copy of this order shall be produced before the Commissioner, Allahabad Region Allahabad respondent No. 2 within a period of ten days from today.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Shiraz