Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7161 of 2018 Petitioner :- Neeraj Jaiswal Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Sanjeev Kumar Sharma,Deepak Kumar Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
Being aggrieved by an order dated 5th February, 2018 passed by the District Magistrate, Pratapgarh externing the petitioner from the territorial jurisdiction of District Pratapgarh for a period of six months, the petitioner preferred an appeal before the Commissioner, Allahabad Division, Allahabad as per provisions of Section 6 of the U.P. Control of Goondas Act, 1970. The appeal was presented on 19th February, 2018.
The submission of the learned counsel for the petitioner is that the Commissioner, Allahabad Division, Allahabad has neither decided the appeal nor passed any order on the stay application so far.
From perusal of the order sheet placed on record, it reveals that on last occasions the appeal was adjourned as the Lawyers were not attending the Court.
In entirety, we do not find any lethargy on the part of the appellate authority and as such, we do not find any just reason to interfere in the matter at this stage.
The writ petition is dismissed. However, if the parties appear before the appellate authority on the next date of listing of the appeal, the appellate authority shall consider and decide the same by speaking and reasoned orders. If for any unavoidable reasons, the appellate authority fails to decide the appeal, the he shall consider and decide the stay application in accordance with law.
Order Date :- 27.3.2018 Bhaskar (Ashok Kumar, J.) (Govind Mathur, J.)