Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17424 of 2020 Petitioner :- Satendra @ Chhaviram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Punya Sheel Pandey Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Punya Sheel Pandey, learned counsel for the petitioner and learned AGA for the State-respondents.
By means of this writ petition, petitioner has prayed for a writ order or direction in the nature of mandamus commanding the respondent no.2 i.e. Commissioner Kanpur Division, Kanpur to consider and decide the stay application filed by the petitioner in Appeal No.01422 of 2020, Computer Case No.C202003000001422 (Satendra @ Chhaviram vs. State of U.P.), Under Section 6 of U.P. Control of Goondas Act, 1970 pending before him within stipulated period as fixed by this Court.
Submission of learned counsel for the petitioner is that the appeal aforesaid was preferred on 08.10.2020 alongwith stay application for interim relief, which according to further submission, was admitted but the learned Commissioner has passed no order on the accompanying application seeking interim relief. Further submission is that the appeal would protract and is not likely to be disposed/decided attended with further submission that in case that same is not disposed of expeditiously, it would frustrate the very purpose of filing of the appeal.
Having considered the matter in all its ramifications, we are of the view that the interest of justice would be best attained, if the authority concerned is directed to dispose of the appeal expeditiously.
In the result, the petition is disposed of attended with 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 six weeks from the date of production of a copy of this order.
Till decision of the appeal, the externment order impugned herein shall remain stayed.
It needs hardly be said that a copy of this order shall be produced before the Commissioner respondent no.2 within a period not exceeding 7 days from today.
Order Date :- 6.1.2021 Ajeet