Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7864 of 2021 Petitioner :- Suneel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Mathur Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
The instant petition has been filed with the following reliefs:
"a. Issue a writ, order or direction in nature of mandamus directing the respondent no. 2/ Commissioner Jhansi Division Jhansi to decide the appeal no. 05 of 2020-21 (Suneel Kumar Versus State of U.P. ) preferred under Section 6(1) of Uttar Pradesh Control of Goondas Act 1970, within stipulated period which the Hon'ble Court deems fit."
b. Issue a writ, order or direction in the nature of mandamus commanding and directing to stay the order dated 04.11.2020 passed by respondent no. 3/ District Magistrate Jalaun at Orai under section 3(3) of Uttar Pradesh Control Goondas Act 1970, pending appeal pending before respondent no. 2 till the disposal of impugned appeal no. 05 of 2020-21 (Suneel Kumar Versus State of U.P.) preferred under section 6(1) of Uttar Pradesh Control of Goondas Act 1970."
It has been submitted by the learned counsel for the petitioner that the petitioner has been externed for six months from entering into the limits of District- Jalaun vide order dated 04.11.2020 passed by the respondent no.3, District Magistrate, Jalaun. Appeal had been filed against the same wherein the stay has been granted vide order dated 16.12.2020 but has not been extended after 10.03.2021.
It is contended that as the externment is operative for a period of six months only, the decision on the appeal ought to be made with utmost expedition, otherwise the very purpose of appeal would stand frustrated.
Learned A.G.A could not raise any plausible objection to the said prayer.
Thus, without expressing any opinion on the merits of the case, we direct the respondent no.2, Commissioner, Jhansi Division Jhansi to decide the appeal of the petitioner, expeditiously, preferably within a period of four weeks, if not already decided.
With the above, the writ petition is disposed of. Order Date :- 28.9.2021 Radhika