The court disposed of a criminal miscellaneous writ petition for a directive to decide an appeal against an externment order within a stipulated timeframe.
Direction for deciding pending stay application within two weeks and subsequent appeal within four weeks.
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Court No. - 35
Case :- CRIMINAL MISC. WRIT PETITION No. - 14826 of 2020
Petitioner :- Hansnath Singh Respondent :- State Of U.P. And Counsel for Petitioner :- Anil Kumar Chaudhary Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Ravi Nath Tilhari,J.
The prayer in this petition is to direct the second respondent to decide the appeal of the petitioner preferred against the order of externment dated 21.08.2020 within a stipulated period.
Considering that the externment order is for a limited period and the delay in deciding the appeal or stay application may frustrate the appeal itself, we deem it appropriate to dispose off this petition by providing that if any stay application of the petitioner is pending before the second respondent (Commissioner, Azamgarh Division, Azamgarh), the same shall be decided within a period of two weeks from the date of filing of copy of this order in his office and thereafter the appeal itself shall be decided within next four weeks.
The petition stands disposed off .
Order Date :- 15.12.2020
SY
(Ravi Nath Tilhari, J.) (Manoj Kumar Gupta,J.)
1 issue framed by the court
Whether the Commissioner should decide the appeal against the externment order within a stipulated period.
Hansnath Singh
State Of U.P.
Manoj Kumar Gupta
Ravi Nath Tilhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
