Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7673 of 2021 Petitioner :- Shyam Pal Respondent :- State Of U.P. and 3 Others Counsel for Petitioner :- Devesh Kumar Verma,Sheetal Verma Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the respondents.
This writ petition has been filed praying for the following reliefs:
"(i) Issue writ, order or direction in the nature of mandamus commanding the respondents not to enforce the impugned order of externment dated 15.07.2021 (Annexure No.2) passed by Additional District Magistrate, Etawah and stay operation/effect of the said order during pendency of petitioner's appeal No.Nil of 2021: Shyam Pal vs. State of UP before the Commissioner, Kanpur Division, Kanpur-respondent no.2.
(ii) Issue a writ, order or direction in the nature of mandamus directing the Commissioner, Kanpur Division, Kanpur-respondent no.2 to hear the petitioner's appeal No.Nil of 2021: Shyam Pal vs. State of UP filed on 28.07.2021 on admission alongwith stay application expeditiously within the time which may be fixed by this Hon'ble Court"
Learned counsel for the petitioner submits that after filing of the aforesaid appeal, the same is registered in filing register. The appeal is given number, only when it is heard on admission and any order is passed but till date, the Commissioner of the Division has not heard the appeal filed by the petitioner on admission. The impugned order of externment is for a period of six months and if the interim protection is not accorded, the very object of filing of the appeal would be frustrated.
Learned A.G.A. submits that the respondent no.2 shall decide the appeal of the petitioner being Appeal No.Nil of 2021 (Shyam Pal vs. State of UP) under Section 6 (1) of U.P. Control of Goondas Act, 1970 filed on 28.7.2021, in accordance with law, expeditiously.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed off directing the Appellate Authority to decide the aforesaid appeal of the petitioner in accordance with law, expeditiously preferably within four weeks from the date of production of a copy of this order, without granting any unnecessary adjournment to either of the parties, if the appeal is still pending.
For a period of four weeks, no coercive action shall be taken against the petitioner.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number 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 :- 24.9.2021 RKP