Disposed

Manoj v. State of U.P. and 2 Others

Allahabad HC11 Jan 2018CRLP/567/2018

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What is this about?

The court addressed a writ petition challenging the rejection of a stay application and the adjournment of an appeal under the Uttar Pradesh Control of Goondas Act, 1970. Relying on a recent precedent requiring reasoned orders and speedy disposal, the court directed the Divisional Commissioner to decide the appeal and rehear the stay application within one week.

What did the court decide?

Order directed the Divisional Commissioner to decide the pending appeal within one week and rehear the stay application on merits with reasons if not decided within that time.

Manoj Vs State of U.P. and 2 Others — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 567 of 2018

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Petitioner :- Manoj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Karunesh Narayan Tripathi Counsel for Respondent :- G.A.

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

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This petition for writ is before us to challenge the order dated 12.10.2017 to the extent that rejects the stay application filed along with Appeal No. C 2017/2001134 preferred as per provisions of Section 6 of Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as "Act of 1970").

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It is submitted by learned counsel appearing on behalf of the petitioner that under the order dated 30.08.2017 learned Additional District Magistrate (Financial / Revenue) Shahjahanpur invoking the powers under Section 3 (1) of the Act of 1970 directed the petitioner to remain outside from the local jurisdiction of the DistrictShahjahanpur for period of six months. Under the order impugned, the Commissioner without assigning any reason dismissed the application seeking interim direction and also adjourned the appeal for hearing for 15.12.2017. It is stated by learned counsel at bar given on 15.12.2017 the appeal was not heard and now that is fixed for hearing for 02.02.2018.

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This Court in Criminal Misc. Writ Petition No. 15 of 2018 (Sridayal Vs. State of U.P. and 3 others) decided on 04.01.2018 by examining the same issue held that thee appeal under Section 6 of Uttar Pradesh Goondas Control Act is required to be heard and disposed of as early as possible and stay application is also required to be decided by a speaking and reasoned order. In the instant matter, the stay application has been rejected without assigning any reason and appeal too has been adjourned for a period even beyond the term of externment.

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Looking to this factual background, we deem it appropriate to dispose of this petition for writ by directing the Divisional Commissioner to consider and decide the appeal preferred by the petitioner within a period of one week from the date the petitioner produces a certified copy of this order before him. In the event of failure to

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decide the appeal within a period of one week, the commissioner shall rehear the stay application and pass an appropriate order on merits by giving reasons.

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Order Date :- 11.1.2018 Rameez

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

Manoj v. State of U.P. and 2 Others

Case brief

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Manoj v. State of U.P. and 2 Others

Case brief

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