The Court directed the Commissioner, Aligarh Division, to dispose of the pending externment appeal expeditiously within two weeks. Until then, the petitioner's externment order dated 14.10.2022 was stayed.
Stay of externment order dated 14.10.2022 and direction to Commissioner to dispose of appeal within two weeks.
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Court No. - 91
Case :- CRIMINAL MISC. WRIT PETITION No. - 2727 of 2023
Petitioner :- Aslam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Kumar Singh Chauhan,Prashant Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
1- Heard learned counsel for the petitioner and learned Additional Government Advocate representing the State. Perused the material available on record.
2- The present writ petition has been filed in the nature of writ of mandamus for the following relief:-
''Issue a writ, /order or direction in the nature of mandamus directing the respondent no. 2 to decide, the Appeal No. C202218000001122/158, (Aslam Vs. State of U.P.), pending before the Court of Commissioner, Aligarh Division, Aligarh expeditiously as possible, and meanwhile this Hon'ble Court may kindly be pleased to stay the operation of externment order dated 14.10.2022 passed by District Magistrate, Kasganj, in Case No. 491 of 2022, Computer Case No. D202218750000491 (State Vs. Aslam), Under Section 3/4 U.P. Control of Goondas Prevention Act, 1970, Police Station- Kotwali, DistrictKasganj.'' And by an other application the effect an operation of the order dated 14.10.2022 passed by District Magiatrate Kasganj in Case No. 491/2022, Computer Case No. D202218750000491 (State Vs. Aslam), Under Section 3/4 U.P. Control of Goondas Prevention Act, 1970, Police Station- Kotwali, DistrictKasganj, during a pendency of present Criminal Misc. Writ Petiton before the Court.”
3- The District Magistrate Kasganj, passed an externment order for six months regarding the petitioner, dated 14.10.2022. Whereby the petitioner has been banished for a period of six months from the limits of District Kasganj. Aggrieved by this order of District
Magistrate, the petitioner preferred an appeal before the Commissioner, Aligarh Division, Aligarh who vide order dated 18.11.2022 admitted and registered the appeal, but did not pass any order regarding stay the operation of above-stated order dated 14.10.2022 on the stay application of the petitioner. Aggrieved by this order of the Commissioner (appellate court), the petitioner prefered present this writ petition.
4- It is submitted by learned counsel for the petitioner that the District Magistrate, Kasganj passed the above-stated externment order dated 14.10.2022 against the petitioner under Section ¾ U.P. Control of Goondas Prevention Act, 1970, (hereinafter referred to as the “Act”) Police StationKotwali, District- Kasganj. Aggrieved by this order, the petitioner filed an appeal before the Commissioner, Aligarh Division, Aligarh under Section 6 of the Act, which has been admitted, but on his stay application, pending before the Commissioner alongwith a memo of appeal, no order has been passed which is prejudicial and detrimental to his rights.
5- Learned counsel for the petitioner further submitted that it is well settled law that in an appeal of right against an order of drastic consequence such as externment, the rule is that the operation of the order under challenge is to remain suspended during pendency of the appeal. However, the Appellate Court/Commissioner by means of impugned order admitted the appeal of petitioner, but did not pass any order on the application of the petitioner for interim relief (during the pendency of the appeal). It is also submitted that the appeal is protracting and is not likely to be disposed of/decided in near future.
6- The learned counsel for the petitioner next submitted that in case the appeal is not disposed of expeditiously, it would frustrate the very purpose of filing of the appeal.
7- Having considered the matter in all its ramifications, I am of the view that the interest of justice would be best served, if the authority concerned is directed to dispose of the appeal, expeditiously.
8- In the result, at this stage, the petition is finally disposed of with the direction that the Commissioner, Aligarh Division, Aligarh, before whom the aforesaid appeal is pending, shall make an endeavour to dispose of the appeal on its intrinsic merits expeditiously, preferably within a period not
exceeding two weeks, from the date of this order. Till the decision of the appeal, the externment order dated 14.10.2022 passed by District Magistrate, Kasganj in Case No. 491 of 2022 (State Vs. Aslam), under Section 3/4 of the Act, shall remain stayed.
Order Date :- 23.2.2023 Satish
Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether an externment order should be stayed pending the disposal of the pending appeal filed by the petitioner.
Whether the appellate authority has been directed to dispose of the pending appeal expeditiously.
1 provisions across 1 enactments
Aslam
State of U.P.
Commissioner, Aligarh Division, Aligarh
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
