Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15128 of 2019 Petitioner :- Virendra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned A.G.A.
The present writ petition has been filed for quashing the order dated 25.03.2019 passed by Additional District Magistrate (Administration), Meerut (respondent no.3) in case no. 5303 of 2017, under Section 3/4 of U.P. Goonda Control Act, P.S. Saroorpur, District Meerut, filed by the petitioner.
Contention of the learned counsel for the petitioner is that against the order of externment the petitioner had filed an appeal before the Commissioner, Meerut Division, Meerut along with the stay application. However, the Commissioner, Meerut Division, Meerut had rejected the stay application vide order dated 24.04.2019 whereas the appeal is still pending consideration. Contention is that the very purpose of filing this writ petition will become nullified in case no indulgence is granted to the present petitioner.
Keeping in view the facts and circumstances and looking to the nature of the controversy in issue, the present writ petition is finally disposed of with the direction that in case the petitioner approaches the Commissioner Meerut Division, Meerut along with the certified copy of this order within two weeks from today, the Commissioner, Meerut Division, Meerut, shall hear and decide the appeal, if already not decided, 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, whichever is earlier, the effect and operation of the externment order dated 25.3.2019 passed by Additional District Magistrate (Administration), Meerut shall be kept in abeyance.
It is made clear that in case the petitioner does not approach the Commissioner, Meerut Division, Meerut along with the certified copy of this order within two weeks from today, the interim protection granted by this Court shall stand automatically vacated.
Order Date :- 29.5.2019 SR