Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 24255 of 2019 Petitioner :- Tahir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Chaubey Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Ashok Kumar Chaubey, learned counsel for the applicant and Sri J.K.Upadhaya, learned A.G.A. for the State.
Against externment order dated 28.08.2019, the petitioner has preferred an appeal together with an application for grant of stay before the Commissioner, Moradabad Mandal, Moradabad on 05.09.2019.
Counsel for the petitioner submits that the purpose of filing this petition would be served, if a direction is issued to the Commissioner to decide the pending appeal or at least the application for grant of stay, so that the petitioner may know his fate.
State Counsel has no objection, if any such direction is issued to the Commissioner.
Considering the peculiar facts and circumstances of the case, the appellate authority - respondent No.2 is directed to decide the pending appeal of the petitioner within a period of 15 days from the date of receipt of a certified copy of this order. The Commissioner would also be at liberty to decide the application for stay, if already not decided by him. It is made clear that we have not observed anything on merit of the case and the respondent No.2 to act in accordance with law.
Writ petition is disposed of with the aforesaid observations.
Order Date :- 28.11.2019 nethra