Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23174 of 2018 Petitioner :- Rakshpal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jaysingh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jaysingh Yadav, leaned counsel for the petitioner and Sri Irshad Husain, learned brief holder for the State.
Petitioner in the instant petition is aggrieved by the externment order dated 09.07.2018, passed by the Additional district Magistrate, Lalitpur, the respondent no.3 in Case No. 90 of 2017 (D201706450662), under Section 3 of U.P. Control of Goonda Act, Police Station Banpur, District Lalitpur, whereby the petitioner has been banished for three months from entering the limits of District Lalitpur, against which he preferred the statutory Appeal No. 01140 of 2018 (computer case no. C201806000001140) (Rakshpal Vs. State), under Sections 6 of U.P. Control of Goonda Act along with stay application before the Commissioner, Jhansi Division Jhansi, the respondent No. 2, who has rejected the stay application of the petitioner vide order dated 25.07.2018 fixing date for hearing of the appeal.
The learned counsel has assailed the impugned orders on the ground that two cases were cited as the basis for invoking the provisions of the U.P. Control of Goondas Act. It is submitted that appeal aforesaid was preferred along with accompanying application for interim relief which has been rejected vide order dated 25.07.2018 by the Commissioner, Jhansi Division Jhansi. It is further submitted that the appeal is protracting and is not likely to be disposed/decided attended with further submission that in case, the same is not disposed of expeditiously, it would frustrate the very purpose of filing of appeal.
In the result, the petition is disposed of with a direction that the Commissioner before whom the aforesaid appeal is stated to be pending shall endeavour to dispose of the appeal on its intrinsic merits within a period not exceeding two months from the date of production of a certified copy of this order.
For a period of two months from today, the impugned externment order dated 09.07.2018 passed by the respondent no. 3, Additional District Magistrate, Lalitpur under section 3 (1) U.P. Control Goondas Act, in the aforesaid case, shall remain stayed.
The certified copy of this order shall be produced before the Commissioner, Jhansi Division Jhansi, respondent No. 2 within a period of ten days from today.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 24.8.2018/VKG