Allahabad High Court
Mohd Ahmad @ Pappu vs State Of U.P. And 3 Others on 1 August, 2019
Bench: Ramesh Sinha, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20223 of 2019
Petitioner :- Mohd Ahmad @ Pappu
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Mukesh Joshi
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Heard Sri Mukesh Joshi, learned counsel for the petitioner and Sri A.R. Chaurasia, learned A.G.A. for the State.
Petitioner in the instant petition is aggrieved by the externment order dated 11.07.2019 passed by respondent no. 3 in case no. 01851 of 2018, Computerized case no. D201802570001851 (State vs. Mohd. Ahmad @ Pappu), under Section 3(1) of Uttar Pradesh Goonda Control Adhiniyam 1970, P.S. Hatigawa, District Pratapgrah whereby the petitioner has been banished for six months from entering the limits of District Pratapgrah, against which he preferred the statutory Appeal No. 00875 of 2019 computerized case no. C201902000000875 (Mohd Admad @ pappu vs. State of U.P.) under section 6 of U.P. Goondas Act along with stay application before the Commissioner, Prayagraj Division Prayagraj respondent No. 2, who has rejected the stay application of the petitioner vide order dated 19.07.2019 fixing date for hearing of the appeal.
The learned counsel has assailed the impugned orders on the ground that two cases were cited as the basis for invoking the provisions of the U.P. Control of Goondas Act. It is submitted that appeal aforesaid was preferred along with accompanying application for interim relief which has been rejected vide order dated 19.07.2019 by the Commissioner, Prayagraj Division Prayagraj but the appeal is being adjourned from date to date. It is further submitted that the appeal is protracting and is not likely to be disposed/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 11.07.2019 passed by the respondent no. 3, District Magistrate, Pratapgarh under section 3(1) of Uttar Pradesh Goonda Control Adhiniyam 1970, in the aforesaid case, shall remain stayed.
The certified copy of this order shall be produced before the Commissioner, Prayagraj Division Prayagraj respondent No. 2 within a period of ten days from today.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 1.8.2019
A. Tripathi
