Rajesh Kumar vs State Of U.P. And 3 Others
2019 Latest Caselaw 6502 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 20190 of 2019
 

 
Petitioner :- Rajesh Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sudhanshu Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri Sudhanshu Pratap Singh, 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 07.05.2019 passed by respondent no. 3 in case no. 00686 of 2019, under section 3 (1) of U.P. Control of Goondas Act, police station Chaubiya, District Etawah whereby the petitioner has been banished for six months from entering the limits of District Etawah, against which he preferred an appeal being case no. 01085 of 2019 (computerized case no. C2019030000001085), under section 6 of U.P. Goondas Act along with stay application before the Commissioner, Kanpur Division Kanpur respondent No. 2, who has rejected the stay application of the petitioner vide order dated 29.05.2019, fixing date for hearing of the appeal.

The learned counsel has assailed the impugned orders on the ground that one case was cited as the basis for invoking the provisions of the U.P. Control of Goondas Act. It is submitted that the appeal was preferred along with accompanying application for interim relief which has been rejected vide impugned order dated 29.05.2019 by the Commissioner, Kanpur Division Kanpur and date for hearing of the appeal has been fixed. 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 07.05.2019 passed by the respondent no. 3, Additional District Magistrate, Etawah under section 3 (1) U.P. Control Goondas Act, in the aforesaid case, shall remain stayed.

The certified copy of this order shall be produced before the Commissioner, Kanpur Division Kanpur- respondent No. 2 within a period of ten days from today.

 (Raj Beer Singh, J.)     (Ramesh Sinha, J.) 
 
Order Date :- 1.8.2019
 
Anand