The Allahabad High Court disposed of a writ petition seeking a direction for expeditious disposal of an appeal against an externment order and for staying the order pending the appeal's decision.
Direction to decide the appeal within 3 months; operation of the externment order dated 13.03.2024 stayed.
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Neutral Citation No. - 2024:AHC:112562
Court No. - 82
Case :- CRIMINAL MISC. WRIT PETITION No. - 9915 of 2024
Petitioner :- Pawan Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner and learned counsel for the State-respondents.
This writ petition has been filed by the petitioner with the prayer to quash the order dated 13.03.2024 passed by respondent no.3 in Case No. 2353 of 2023 (State Vs. Pawan), under Section 3(1) of U.P. Control of Goondas Act, 1970 and also direct the respondent no.2 to decide the appeal No. C202412000000739 (Pawan Vs. State of U.P. ), under Section 6 of U.P. Control of Goondas Act 1970 within stipulated period.
It is submitted by the learned counsel for the petitioner that in this case an externment order was passed by the respondent no.3-Additional District Magistrate (Judicial), Shahjahanpur against which an appeal was filed before the Court of Commissioner Bareilly Division, Bareilly on 10.04.2024 with the stay application but till 29.05.2024, five dates were fixed but even the appeal could not be admitted and police is making pressure on the petitioner to expel him from the district, therefore, request to direct the concerned court to decide the appeal as expeditiously as possible within stipulated period and in the meantime operation of externment order dated 13.03.2024 be stayed
Learned A.G.A opposed the prayer as aforesaid.
On considering the facts and circumstances of the case, submissions made by the learned counsel for the parties, as well as learned A.G.A. and perusal of record, it appears that an externment order was passed on 13.03.2024 by the respondent no.3-Additional District Magistrate (Judicial), Shahjahanpur against which an appeal was filed by the petitioner before the Commissioner Bareilly Division, Bareilly on 10.04.2024. Since then five dates were fixed till 29.05.2024 but it could not be admitted and stay application is also pending, as such, it is
expedient to direct the concerned court to decide the appeal as expeditiously as possible within a period of 3 months from the date of production of certified copy of this order.
In the meantime, operation of the impugned order dated 13.03.2024 shall remain stayed.
With the aforesaid direction/observation, the writ petition is disposed of.
Order Date :- 15.7.2024 T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the appellate court to decide the appeal expeditiously and stay the operation of the impugned externment order.
2 provisions across 1 enactments
Pawan
State Of Up
Respondent No. 3 (Additional District Magistrate Judicial Shahjahanpur)
Subhash Chandra Sharma
As recorded by the court registry
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