Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 16175 of 2020 Petitioner :- Vinay Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ashok Kumar Yadav,Saroj Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Saroj Kumar Dubey, learned counsel for the petitioner and Sri Manju Thakur, learned A.G.A. for the State.
Petitioner in the instant petition is aggrieved by the externment order dated 25.08.2020 passed by respondent no. 3 in case no. D2016052000371 under section 3/4 of U.P. Control of Goondas Act, Police Station Lar, District Deoria whereby the petitioner has been banished for six months from entering the limits of District Deoria, against which he preferred the statutory Appeal No.00778 of 2020 computerized case no. C202005000000778 under section 3/4 of U.P. Goondas Act along with stay application before the Commissioner, Gorakhpur Division,Gorakhpur respondent No. 2, who has rejected the stay application of the petitioner vide order dated 26.11.2020 fixing date for hearing of the appeal.
The learned counsel has assailed the impugned orders on the ground that two cases were cited as the basis for invoking the provisions of the U.P. Control of Goondas Act. It is submitted that appeal aforesaid was preferred along with accompanying application for interim relief which has been rejected vide order dated 26.11.2020 by the Commissioner, Gorakhpur Division, Gorkahpur but the appeal is being adjourned from date to date. It is further submitted that the appeal is protracting and is not likely to be disposed/decided attended with further submission that in case, the same is not disposed of expeditiously, it would frustrate the very purpose of filing of appeal.
In the result, the petition is disposed of with a direction that the Commissioner before whom the aforesaid appeal is stated to be pending shall endeavour to dispose of the appeal on its intrinsic merits within a period not exceeding two months from the date of production of a certified copy of this order.
For a period of two months from today, the impugned externment order dated 25.08.2020 passed by the respondent no. 3, Additional District Magistrate, Deoria under section 3/4 U.P. Control Goondas Act, in the aforesaid case, shall remain stayed.
The certified copy of this order shall be produced before the Commissioner, Gorakhpur Division, Gorakhpur respondent No. 2 within a period of ten days from today.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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(Subhash Chand,J.) (Ramesh Sinha,J.) Order Date :- 7.1.2021 PS