Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
Present criminal writ petition has been filed for quashing of the order dated 23.2.2010 passed by learned Additional District Magistrate (Admin.) Allahabad as well as appellate order dated 23.3.2010 passed by Commissioner Allahabad Division Allahabad in Appeal No. 53 of 2009 (Vijai Prakash Pandey Vs. State).
It is contended that notice under Section 3(3) of U.P. Control of Goondas Act was given by the Additional District Magistrate (Admin.) against which the petitioner filed objections but the order was passed by the Magistrate against petitioner on 23.2.2010 against which petitioner filed an appeal which has been admitted and the stay application has been rejected.
The present writ petition is finally disposed of with a direction to the Commissioner Allahabad Division Allahabad to consider and decide the petitioner's pending appeal No. 53 of 2009 expeditiously preferably within a period of two months from the date of production of certified copy of this order before him. For a period of two months from today or till the disposal of the appeal by the Commissioner Allahabad Division Allahabad, whichever is earlier, the operation of the order dated 23.3.2010 passed by Commissioner Allahabad Division Allahabad and the order dated 23.2.2010 passed by learned Additional District Magistrate (Admin.) Allahabad shall be kept in abeyance.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 14.6.2010 Sandeep