Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5071 of 2018 Petitioner :- Rinku Mali Respondent :- State Of U.P. Through Secretary (Home) And 4 Others Counsel for Petitioner :- Abhineet Jaiswal,Amit Sharma,Ashutosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the material available on record.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 Commissioner, Allahabad Zone, Allahabad to decide the Case No. D- 20150203001961/2015 filed against the order dated 16.02.2018 passed by the respondent no.3, Additional District Magistrate (City), Allahabad, under Section 3(1) of the U.P. Control of Goondas Act, 1970, Police Station Mutthiganj, District Allahabad, by which, the petitioner has been externed from District Allahabad for a period of six months as well as the stay application filed therein.
It has been submitted by learned counsel for the petitioner that although the petitioner has filed an appeal before the respondent no.2 against the order of externment dated 25.01.2018 passed by the Additional District Magistrate (City), Allahabad and the appeal has been admitted but the stay application has been rejected by the respondent no.2 in a cursory manner and the district authorities, on account of rejection of the stay application filed in the aforesaid appeal, are harassing the petitioner, therefore, he has made a prayer before this court that suitable direction may be issued to the respondent no. 2 to decide the appeal within a time bound period fixed by this court.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for both the parties, without expressing any opinion on the merits of the case, we direct the respondent no. 2- Commissioner, Allahabad Division, Allahabad, to decide the petitioner's Appeal pending before it against the order of externment dated 25.01.2018 passed by the Additional District Magistrate (City), Allahabad preferably within a period of two months from the date of production of a certified copy of this order, provided there is no legal impediment.
For a period of two months or till the disposal of the appeal, whichever is earlier, the externment order dated 25.01.2018 passed by the Additional District Magistrate (City), Allahabad, shall remain stayed.
In case, the petitioner fails to file a certified copy of this order before the respondent no.2 Commissioner, Allahabad Division, Allahabad, within one week from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to take benefit of this order.
With the aforesaid observations, this writ petition is finally disposed of.
Order Date :- 27.2.2018 Nadim