Allahabad High Court
Dharmendra Rana @ Dharmendra ... vs State Of U.P. And 3 Others on 21 May, 2018
Bench: Ramesh Sinha, Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13014 of 2018
Petitioner :- Dharmendra Rana @ Dharmendra Kumar
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Deepak Kaushik
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Deepak Kaushik, learned counsel for the petitioner, Sri N.K.Verma, learned AGA for the State and perused the record.
This writ petition has been filed by the petitioner with the prayer not to harass the petitioner in pursuance of the order dated 23.4.2018, passed by District Magistrate, Shamli in Case No. D-201709720628, under Section 3/4 U.P. Control of Goondas Act, Police Station Shamli,District Shamli during the pendency of the appeal before the Commissioner, Saharanpur Region Saharanpur.
It has been submitted by learned counsel for the petitioner that although the petitioner has filed an appeal along with a stay application before the respondent no.2, Commissioner Saharanpur Region Saharanpur against the externment order dated 23.4.2018 passed by respondent no.3, District Magistrate, Shamli, District Shamli, but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no.2 and the district authorities on account of non-consideration of the stay application filed in the aforesaid appeal are harassing the petitioner, therefore, he has made a prayer before this court that suitable direction be issued not to harass the petitioner in pursuance of the order dated 23.4.2018, passed by District Magistrate, Shamli during the pendency of the aforesaid appeal.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for both the parties, without expressing any opinion on the merits of the case, we direct the respondent no.2, Commissioner Saharanpur Region Saharanpur to decide the appeal filed by the petitioner before him against the order of externment dated 23.4.2018, passed by District Magistrate, Shamli within a period of two months from the date of production of a certified copy of this order, if there is no legal impediment. It is further directed that the stay application filed in the aforesaid appeal shall be decided by the respondent no.2 within a period of three weeks from the aforesaid date. For a period three weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 23.4.2018, passed by District Magistrate, Shamli in Case No. D-201709720628, under Section 3/4 U.P. Control of Goondas Act, Police Station Shamli, District Shamli shall remain stayed.
In case the petitioner fails to file a certified copy of this order before the Commissioner, Saharanpur Region Saharanpur, within ten days from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to take benefit of this order.
With the aforesaid observations this writ petition is finally disposed of.
(Dinesh Kumar Singh-I,J..) (Ramesh Sinha, J.)
Order Date :- 21.5.2018/NS
