Partly allowed

Roop Singh Alias Bhura Singh v. State of U.P. and 2 Others

Allahabad HC20 Mar 2018CRLP/6711/2018

Case brief

AI extract

What is this about?

This judgment set aside an order dismissing a stay petition without reasons. The court held that quasi-judicial authorities must pass speaking orders and directed reconsideration within one week.

What did the court decide?

Order dismissing stay petition set aside; appellate authority to reconsider stay petition within one week and decide ad expedition principle.

Roop Singh Alias Bhura Singh Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 29

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6711 of 2018

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Petitioner :- Roop Singh Alias Bhura Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Chandra Mishra 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, learned AGA for the respondents-State and perused the record.

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By an order dated 23rd February, 2018, the District Magistrate, Lalitpur while invoking the powers under Section 3 of the U.P. Goondas Control Act, 1970 order for externment of the petitioner from the territorial jurisdiction of District Lalitpur for a period of six months. Being aggrieved by the same, the petitioner preferred an appeal before the Commissioner, Jhansi Division, Jhansi as per provisions of Section 6 of the Act aforesaid.

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The Commissioner, Jhansi Division, Jhansi under the order impugned dated 7th March, 2018 dismissed the stay application and fixed the appeal for hearing on 18th April, 2018.

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The submission of the learned counsel appearing on behalf of the petitioner is that the proceedings before the appellate authority are of quasi judicial nature. Hence, the stay petition should have been considered and decided by a speaking and reasoned order.

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It is asserted that the finding arrived by the appellate authority is not supported by any reason.

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We have looked into the order dated 7th March, 2018 passed by the Commissioner, Jhansi Division, Jhansi. The court aforesaid does not disclosed any reason as to why the appellate authority dismissed the stay petition after hearing arguments of the counsels appearing on behalf of rival parties.

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It is well settled that every quasi judicial authority is required to pass a speaking and reasoned order and the findings arrived are supposed to be supported by adequate justifications. The order impugned apparently lacks such justification and, therefore, is bad.

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The writ petition as such deserves acceptance to the extent it relates to the rejection of the stay petition without assigning any reasons. The writ petition to the extent aforesaid is allowed. The order dated 7th March, 2018 to the extent of dismissal of stay petition is set aside. The appellate authority is directed to reconsider the stay petition and dispose of the same by a speaking and reasoned order. The stay petition is required to be reconsidered and decided within a period of one week from the date of presentation of a certified copy of this order before the appellate authority. The appeal is also required to be adjudicated expeditiously.

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Order Date :- 20.3.2018 Bhaskar

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

Roop Singh Alias Bhura Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Roop Singh Alias Bhura Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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