Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 17670 of 2017 Petitioner :- Saurabh Srivastava Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manvendra Nath Singh,Nitesh Kumar Srivastava Counsel for Respondent :- G.A.,Manoj Kumar
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nitesh Kumar Srivastava, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State.
The present writ petition has been filed by the petitioner praying for a direction to the respondent no. 2 to decide the petitioner's Appeal No. C-201705001221/ G of 2017 (Saurabh Srivastava Vs. District Magistrate, Gorakhpur) under Section 3/4 of U.P. Control of Goondas Act, police station Cannt, District Gorakhpur within a stipulated period.
It is submitted by the learned counsel for the petitioner that although the petitioner has filed an appeal before the Commissioner, Gorakhpur Division, Gorakhpur, respondent no.2 against the order of externment dated 19.06.2017 passed by the District Magistrate, Gorakhpur, respondent no.3 but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no.2 and the district authorities. On account of non- consideration of the stay application filed in the aforesaid appeal, the police is harassing the petitioner, hence a direction may be issued to the respondent no.2 to decide the petitioner's appeal within a time bound period fixed by this court or at least to consider the stay application of the petitioner filed along with appeal.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for the parties, without expressing any opinion on the merits of the case, we direct the Commissioner, Gorakhpur Division, Gorakhpur, respondent no.2 to decide the Appeal/Case No.C-201705001221/ G of 2017, (Saurabh Srivastava Vs. District Magistrate, Gorakhpur) under Section 3/4 of U.P. Control of Goondas Act, police station Cannt, District Gorakhpur filed by the petitioner against the order of externment dated 19.06.2017 passed by the District Magistrate, Gorakhpur, respondent no.3, within a period of two months from the date of production of a certified copy of this order, before him. It is further directed that the stay application filed in the aforesaid appeal shall be decided by the respondent no.2 within a period of six weeks from the aforesaid date.
For a period of six weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 19.06.2017 passed by the District Magistrate, Gorakhpur, respondent no.3 in Appeal/Case No.C- 201705001221/ G of 2017, (Saurabh Srivastava Vs. District Magistrate, Gorakhpur) under Section 3/4 of U.P. Control of Goondas Act, police station Cannt, District Gorakhpur shall remain stayed.
In the case the petitioner fails to file a certified copy of this order before the Commissioner, Gorakhpur Division, Gorakhpur within ten days from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to any benefit of this order.
With the aforesaid observations this writ petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018 A. Mandhani