High Court directed Commissioner, Vindhyachal Division to dispose of a pending appeal under U.P. Control of Gundas Act within three months and stay the District Magistrate's order during pendency.
Direction to dispose of appeal within three months and stay impugned order during pendency.
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Court No. - 17
Case :- CRIMINAL MISC. WRIT PETITION No. - 4151 of 2018
Petitioner :- Baghe Singh @ Shatrughan Singh Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This criminal writ petition has been filed with the prayer that the order dated 1.2.2018 passed by respondent no.2/Commissioner, Vindhyachal Division in Criminal Appeal No.C2017160000 (Baghe Singh @ Shatrughan Singh vs. State of U.P.) under section 6 (1) U.P Control of Gundas Act, 1970 pending before Commissioner, Vindhyachal Division, be quashed.
It is contended by the learned counsel for the applicant that the order passed by the District Magistrate, Sonbhadra is illegal which has been passed without application of judicious mind. Against the same, an appeal has been preferred which has been admitted by the Commissioner, Vindhyachal Division but the Commissioner has refused to stay the proceedings during the pendency of the appeal before it.
This writ petition is finally disposed with a direction to the Commissioner, Vidhyachal Division that he shall dispose of the appeal within three months from the date of submission of a certified copy of this order before him. During pendency of the appeal, the operation of the impugned order dated 20.12.2017 passed by the District Magistrate, Sonbhadra shall remain stayed.
Order Date :- 8.3.2018 AU
1 issue framed by the court
Whether the Commissioner is directed to dispose of the pending appeal within three months and stay the impugned order during its pendency.
1 provisions across 1 enactments
Baghe Singh @ Shatrughan Singh
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
