Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25371 of 2018 Petitioner :- Parmatma Alias Pahadi Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Santosh Kumar Mishra,Rajesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K.Mishra, learned counsel for the petitioner, Sri G.P.Singh, learned AGA for the State and perused the record.
This writ petition has been filed by the petitioner with the prayer to direct the respondent no.2, Commissioner, Gorakhpur Division, Gorakhpur to decide the Appeal No.C201805000001247 of 2018 (Parmatma alias Pahadi Vs. District Magistrate, Maharajganj and another), under Section 6 of U.P. Control of Goondas Act, pending before the Commissioner, Gorakhpur Division, Gorakhpur within a stipulated period and till then no coercive action shall be taken against the petitioner.
It is submitted by the learned counsel for the petitioner that although the petitioner has filed an appeal before the Commissioner, Gorakhpur Division, Gorakhpur, respondent no.2 against the order of externment dated 4.6.2018 passed by the respondent no.3, District Magistrate, Maharajganj in Case No.116 of 2017, (Computerized Case No. D201705470116) (State Vs. Parmatma alias Pahadi) under under Section 3/4 of U.P. Control of Goonas Act, P.S. Kothibhar, District Maharajganj by which the petitioner has been banished from entering the limits of District Maharajganj, but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no.2 and the district authorities. On account of non- consideration of the stay application filed in the aforesaid appeal, the police is harassing the petitioner, hence a direction may be issued to the respondent no.2 to decide the petitioner's appeal within a time bound period fixed by this court or at least to consider the stay application of the petitioner filed along with appeal.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for the parties, without expressing any opinion on the merits of the case, we direct the Commissioner, Moradabad Division, Moradabad respondent no.2, to decide the aforesaid appeal filed by the petitioner against the order of externment dated 4.6.2018 passed by the respondent no.3, within a period of two months from the date of production of a certified copy of this order, before him. It is further directed that the stay application filed in the aforesaid appeal shall be decided by the respondent no.2 within a period of six weeks from the aforesaid date.
For a period of six weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order 4.6.2018 passed by respondent no. 3 in the aforesaid case shall remain stayed.
In the case the petitioner fails to file a certified copy of this order before the Commissioner concerned within two weeks from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to any benefit of this order.
With the aforesaid observations this writ petition is finally disposed of. (Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018/NS