Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5642 of 2021 Petitioner :- Omendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.,Arun Kumar Sharma
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The petitioner has challenged the externment order dated 29.6.2021 passed by respondent no.3 and has also prayed for a mandamus directing respondent no.2 to decide the appeal expeditiously.
It is urged that the appeal filed by the petitioner is under Section 3 of U.P. Control of Goonda Act, 1970. The Commissioner of the Division before whom the appeal is pending has failed to pass any order on the stay application. It is urged that the externment order is for a period of six months and if interim protection is not granted the very object of filing the appeal would stand frustrated.
Learned A.G.A. is not in a position to dispute that externment order enures for a period of six months only.
We therefore find sufficient force in the submission of learned counsel for the petitioner.
In such a situation, we dispose of the instant petition as follows:-
(a) The Commissioner (Appellate Authority) 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 the Appellate Authority 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 Authority to decide the appeal itself finally on the next date.
Order Date :- 19.8.2021 Tamang (Mohd. Aslam,J.) (Manoj Kumar Gupta,J.)