Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16186 of 2020 Petitioner :- Saurabh @ Pankaj Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Yadav,Mahendra Pratap Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
This writ petition has been filed by the petitioner with a prayer to issue a writ order or direction in the nature of mandamus directing the learned Commissioner, Azamgarh Division Azamgarh to decide the stay application filed by the petitioner in case no. 00927 of 2020 ( Computer case no. C202015000000927) Saurabh @ Pankaj Vs. District Magistrate, Mau under Section 6 Control of Goondas Act 1970 pending before learned Commissioner Azamagarh Division Azamgarh with a further prayer to decide the above appeal in stipulated period.
Learned counsel for the petitioner submits that the order of externment for six months was passed against the petitioner by the District Magistrate, Mau on 24.8.2020 in case no. 01877 of 2018 State Vs. Pankaj Yadav under section 3(1) U.P. Control of Goondas Act 1070. Against the order dated 24.8.2020, the petitioner filed an appeal before learned Commissioner Azamgarh Division Azamgarh under section 6 of U.P. Control of Goondas act and an stay application was also filed by the petitioner in that appeal but the learned Commissioner Azamgarh Division Azamgarh has not passed any order on stay application of the petitioner. The appeal has been admitted for hearing vide order dated 22.10.2020 and appeal of the petitioner is still pending.
Considering the facts and circumstances of the case and without expressing any opinion on the merit of the case, we dispose of this writ petition finally with the direction to the respondent no. 2-Commissioner Azamgarh Division Azamgarh to decide the appeal of the petitioner within a period of two months from the date of production of computer generated copy of this order before him. For a period of two months or till disposal of the appeal pending before respondent no. 2 whichever is earlier, no coercive action shall be taken against the petitioner.
The petitioner shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.1.2021 Gss