Allahabad High Court
Bahoram vs State Of U.P. And 3 Others on 22 May, 2018
Bench: Ramesh Sinha, Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13107 of 2018
Petitioner :- Bahoram
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rupesh Srivastav
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rupesh Srivastava, learned counsel for the petitioner, Sri A.K.Sand, learned AGA for the State and perused the material brought on record.
This writ petition has been filed by the petitioner with the prayer for quashing the impugned order dated 4.5.2018, passed by respondent no.2, Commissioner, Bareilly Region Bareilly, in Case No.634 of 2017, under Section 3(1) U.P. Control of Goondas Act, 1970, Police Station Meerganj, District Bareilly as well as order dated 18.4.2018 passed by respondent no.3, Additional District Magistrate (Finance & Revenue), Bareilly in Case No.153 of 2018.
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, Bareilly Region Bareilly against the externment order dated 18.4.2018 by respondent no.3, Additional District Magistrate (Finance & Revenue), Bareilly
The learned counsel has assailed the impugned orders on the ground that as many as three cases were cited as the basis for invoking the provisions of the U.P. Control of Goondas Act. It is submitted that against the externment order dated 18.4.2018 passed by respondent no.3, an appeal was preferred along with accompanying application for interim relief before the respondent no.2, Commissioner, Bareilly Region Bareilly, who has admitted the appeal and rejected the stay application vide order dated 3.5.2018 fixing hearing of the said appeal on 1.6.2018. It is further submitted that the appeal is protracting and is not likely to be disposed of/decided attended with further submission that in case, the same is not disposed of expeditiously, it would frustrate the very purpose of filing of appeal.
In the result, the petition is disposed of with a direction that the Commissioner before whom the aforesaid appeal is stated to be pending shall endeavour to dispose of the appeal on its intrinsic merits within a period not exceeding two months from the date of production of a certified copy of this order.
For a period of two months from today, the impugned externment order dated 18.4.2018 passed by respondent no.3, Additional District Magistrate (Finance & Revenue), Bareilly in Case No.153 of 2018, Police Station Meerganj, District Bareilly shall remain stayed.
The certified copy of this order shall be produced by the petitioner before the respondent no.2, Commissioner, Bareilly Region Bareilly within a period of two weeks from today.
(Dinesh Kumar Singh-I,J..) (Ramesh Sinha, J.)
Order Date :- 22.5.2018/NS
