Court No. - 70
Case :- CRIMINAL MISC. WRIT PETITION No. - 11104 of 2019 Petitioner :- Sunil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tanmay Verma,Ayank Mishra Counsel for Respondent :- G.A.
Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed challenging an order dated 03.04.2019, passed by the Commissioner, Meerut Division, Meerut, respondent no. 4, in Appeal No. 00808 of 2019 (Computerized Appeal No. C201911000000808), whereby he has admitted the appeal, but has not granted stay to the externment order dated 25.03.2019, passed by respondent no.3 Additional District Magistrate (Administrative), in Case No. 00464 of 2018 (State vs. Sunil), under Section 3/4 of U.P. Control of Goondas Act, 1970, Police Station Behsuma, District Meerut.
The submission is that in an appeal of right against an order of drastic consequence such as externment the rule is that the operation of the order under challenge is to remain suspended during pendency of the appeal. However, the Commissioner by means of impugned order has failed to exercise that jurisdiction. It is also pointed out that unless the operation of the impugned order is not stayed in the context and the nature of the order under challenge in appeal, the same may be rendered infurctuous after a period of three months.
Accordingly, this petition is disposed of with direction to the Commissioner to decide the appeal expeditiously and till disposal of the appeal, operation of the externment order in appeal before the Commissioner dated 25.03.2019, passed by respondent no. 3, in Case No. 00464 of 2018, under Section 3/4 of U.P. Control of Goondas Act 1970, Police Station Behsuma, District Meerut, shall remain stayed.
Order Date :- 26.4.2019 v.k.updh.