khoonti @ riyaz Vs State of U.P. and 3 Ors.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 2539 of 2018

Petitioner :- Khoonti @ Riyaz Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Mahendra Tripathi Counsel for Respondent :- G.A.

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Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

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Heard learned counsel for the petitioner and learned AGA for the Staterespondents.

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The District Judge, Pratapgarh under an order dated 28.12.2017 invoked the power under Section 3 (3) of the U.P. Gunda Control Act and ordered for externment of the petitioner for a period of six months from the territorial jurisdiction of the district concerned. Being aggrieved by the same the petitioner has preferred an appeal before the Commissioner, Allahabad Division, Allahabad. The appeal has already been admitted for hearing but the stay application filed along with that has not been decided so far.

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It is stated at Bar by learned counsel for the petitioner that though the appeal was fixed for 2.2.2018 but the case was not taken due to non-sitting of the Appellate Authority.

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Considering all facts of the case, we deem appropriate to dispose of this petition for writ by directing the Appellate Authority i.e. Commissioner, Allahabad Division, Allahabad to decide the appeal expeditiously as far as possible within a period of fifteen days from the date of production of certified copy of this order. The Appellate Authority, if for any substantial reason, fails to decide the appeal within the period prescribed above, shall consider the stay application preferred by the petitioner along with the appeal on merits and decide the same by a speaking and reasoned order.

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With the directions, as above, writ petition stands disposed of.

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Order Date :- 5.2.2018 pk

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(Ashok Kumar,J.) (Govind Mathur,J.)

khoonti @ riyaz v. State of U.P. and 3 Ors.

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khoonti @ riyaz v. State of U.P. and 3 Ors.

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