Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26777 of 2018 Petitioner :- Vimal Kumar @ Illu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.K. Singh, learned counsel for the petitioner, Sri N.K. Verma learned AGA for the State and perused the record. This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the appeal pending before him within stipulated period and further stay the effect and operation of the order dated 29.6.2018 passed by District Magistrate, Auraiya in Criminal Case No. 00213 of 2018 State vs. Vimal Kumar @ Illu) under section 3 (1) of U.P. Goondas Control Act, Police Station Dibiyapur, District Auraiya.
It is submitted by the learned counsel for the petitioner that although the petitioner has filed an appeal before the respondent no.2 against the order of externment dated 29.6.2018 passed by the respondent no.3, District Magistrate, Auraiya but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no.2 and the district authorities. On account of non consideration of the stay application filed in the aforesaid appeal and the police is harassing the petitioner and hence a direction may be issued to the respondent no. 2 to decide the petitioner's appeal within a time bound period fixed by this court or at least to consider the stay application of the petitioner filed on 16.07.2018 along with appeal.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for the parties, without expressing any opinion on the merits of the case we direct the Commissioner, Kanpur Division, Kanpur to decide the appeal filed by the petitioner on 16.07.2018, against the order of externment dated 29.6.2018 passed by District Magistrate, Auraiya, respondent no.3 within a period of two months from the date of production of a certified copy of this order, before him. It is further directed that the stay application filed in the aforesaid appeal shall be decided by the respondent no.2 within a period of six weeks from the aforesaid date. For a period of six weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 29.6.2018 passed by the respondent no.3, District Magistrate, Auraiya shall remain stayed.
In the case the petitioner fails to file a certified copy of this order before the Commissioner, Kanpur Division, Kanpur within one week from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to any benefit of this order.
With the aforesaid observations this writ petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 AU