Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 17219 of 2020 Petitioner :- Randhir Singh @ Nachkau Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Birendra Kumar Pandey,Vijay Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
The instant petition has been filed for a mandamus commanding respondent no. 2 to decide the appeal and stay application which are pending before him, as the petitioner has preferred appeal against the externment order dated 12.10.2020.
The submission of learned counsel for the petitioner is that the second respondent has entertained the appeal but no order has been passed on the stay application.
A perusal of the order sheet of the appellate court reveals that the stay application could not be considered on the last date as the Advocates were abstaining from work on account of spread of Corona epidemic.
It cannot be disputed that the externment order enures only for a period of six months and unless its operation is stayed, the very purpose of filing the appeal would stand frustrated.
In such a situation, we dispose of the instant petition as follows:-
(a) The second respondent 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 respondent no. 2 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 court to decide the appeal itself finally on the next date.
(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.1.2021 Jaideep/-