Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14158 of 2018 Petitioner :- Prabhudayal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Prasad Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Prasad Singh, learned counsel for the petitioner, Sri N.K. Verma, learned AGA for the State and perused the record.
This writ petition has been filed by the petitioner with the prayer to quash the impugned order dated 7.5.2018 under Section 3/4 U.P. Prevention of Goonda Act, 1970, Case Crime No.72 of 2016 (State vs. Prabhudayal).
It is submitted by the learned counsel for the petitioner that stay application has been filed alongwith the memo of appeal which is stated to be pending 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, Gorakhpur Division, Gorakhpur, respondent no.2 to decide the Appeal/Case No.618 of 2016, Computer Case No.D2016054700618 (State vs. Prabhudayal) filed by the petitioner against the order of externment dated 23.4.2012 passed by the District Magistrate Maharajganj, 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 23.4.2012 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 ten days 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 :- 30.5.2018 Deepika