Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34299 of 2018 Petitioner :- Shravan Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed by the petitioner for a direction to the respondent no. 2 to decide the stay application filed along with Appeal No. 1351 of 2018 (C201814000001351) against the order dated 10.08.2018 passed by respondent no. 3, under Section 3 of the U.P. Control of Goondas Act, 1970, by which the petitioner has been externed from District Chandauli, for a period of six months.
It has been submitted by learned counsel for the petitioner that the petitioner has filed an appeal along with stay application before the respondent no. 2 against the order of externment dated 10.08.2018 passed by the respondent no. 3 on 15.09.2018. Although, the appeal has been admitted and 17.12.2018 fixed for hearing, but the stay application filed therein has been rejected without considering the facts and circumstances of the case, on account of rejection of the stay application filed in the aforesaid appeal, are harassing the petitioner.
Learned A.G.A. has no objection to the aforesaid prayer made by the petitioner.
After having heard the learned counsel for both the parties and without expressing any opinion on the merits of the case, we direct the respondent no. 2, to decide Appeal No. 1351 of 2018 (C201814000001351) filed by the petitioner before him against the order of externment dated 10.08.2018 passed by the respondent no. 3, within a period of three month from the date of production of a certified copy of this order, if there is no legal impediment. For a period three month from today or till disposal of the aforesaid appeal, whichever is earlier, the externment order dated 10.08.2018 passed by the respondent no. 3, shall remain stayed.
In case, the petitioner fails to file a certified copy of this order before the respondent no. 2, within two weeks 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 :- 28.11.2018 SA