Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3670 of 2021 Petitioner :- Rakshpal Singh @ Bablu Raja Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Prabhat Kumar Tiwari,Dilip Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for respondent Nos. 1 to 5 through video conferencing and perused the record.
The present writ petition has been filed by the petitioner with the prayer to issue writ, order or direction in the nature of mandamus directing respondent no.2 Commissioner Jhansi Division Jhansi to decide stay application filed by the petitioner alongwith Appeal No. 00406/2021, Computerized Case No. C-202106000000406 (Rakshpal Singh @ Bablu Raja vs. State of U.P.) under section 6 of U.P. Goondas Act, 1970 within stipulated period with further prayer that externment order dated 20.3.2021 be kept in abeyance till disposal of stay application.
Learned counsel for the petitioner submits that externment order was passed by the Additional District Magistrate, Jhansi on 20.3.2001, against which the petitioner filed Appeal No. 00406/2021, Computerized Case No. C-202106000000406 (Rakshpal Singh @ Bablu Raja vs. State of U.P.) under section 6 of U.P. Goondas Act, 1970 alongwith stay application before the Commissioner, Jhansi Division, Jhansi. The Commissioner, Jhansi Division, Jhansi admitted the appeal of petitioner vide order dated 24.3.2021 and fixed the date as 28.4.2021 for disposal of stay application but till date no stay order has been passed by him. It has further been submitted that the appeal of the petitioner is still pending. The Commissioner, Jhansi Division, Jhansi ought to have passed order on the stay application otherwise the purpose of appeal shall be frustrated.
Per contra, learned A.G.A. could not dispute the fact but argued that the appeal of the petitioner against externment order is pending.
Considering the facts and circumstances of the case and without expressing any opinion on merit of the case, we dispose of this writ petition finally with the direction to respondent No.2-
Commissioner, Jhansi Division, Jhansi to decide the Appeal No.00406/2021, Computerized Case No. C-202106000000406 (Rakshpal Singh @ Bablu Raja vs. State of U.P.) within a period of two months from the date of production of computer generated copy of this order downloaded from the official website of High Court, Allahabad which the petitioner shall file before respondent no.2 within two weeks from today. Till the disposal of appeal, effect and operation of externment order dated 20.3.2021 shall remain stayed.
In case, the petitioner does not file computer generated copy of this order downloaded from the official website of High Court, Allahabad before respondent no.2 within two weeks from today, he shall not be entitled to get any benefit of this order.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad.
Order Date :- 21.5.2021 P.P.
Digitally signed by Justice Bachchoo Lal Date: 2021.05.21 17:37:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.21 17:43:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad