Sonu Singh vs State Of U.P. And Another
2019 Latest Caselaw 5884 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17690 of 2019
 

 
Petitioner :- Sonu Singh
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Jay Prakash Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri J.P. Singh, learned counsel for the petitioners, Sri A.R. Chaurasia, learned AGA for the State and perused the record.

This writ petition has been filed by the petitioners with the prayer to quash the externment order 01.04.2019 passed by the District Magistrate, Farrukhabad, respondent no.3, in Case No.1041 of 2018 (Computer Case No. D201803240001041), under Section 3/4 U.P. Control of Goondas Act, 1970 and impugned order dated 01.05.2018 passed by the respondent no.2, Commissioner, Kanpur Division, Kanpur in Case No. 00927 (Computer Case No. C201903000000927 (Sonu Singh Vs. State of U.P. and others), under Section 6 of U.P. Goonda Control Act, 1970 by which the petitioners have been banished from entering the limits of District Farrukhabad as well as to issue a writ order or direction in the nature of mandamus directing the Commissioner, Kanpur Division, Kanpur respondent no.2, to decide Appeal under section 6 of U.P. Control of Goondas Act along with the stay application within a stipulated period.

It is submitted by the learned counsel for the petitioners that although the petitioners have filed an appeal before the Commissioner, Kanpur Division, Kanpur respondent no.2 against the order of externment dated 01.04.2019 passed by the respondent no.3 but till date the appeal has not been heard for admission, as the stay application filed therein, has been rejected by the respondent no.2 vide order dated 01.05.2019 and the district authorities. On account of rejection of the stay application filed in the aforesaid appeal, the police is harassing the petitioners, hence a direction may be issued to the respondent no.2 to decide the petitioners' appeal within a time bound period fixed by this court.

Learned AGA has no objection to the aforesaid prayer made by the petitioners.

After hearing learned counsel for the parties, without expressing any opinion on the merits of the case, we direct the Commissioner, Kanpur Division, Kanpur respondent no.2 to decide the aforesaid appeal filed by the petitioners against the order of externment dated 01.04.2019 passed by the respondent no.3, within a period of two months from the date of production of a certified copy of this order, before him.

For a period of six weeks, whichever is earlier, the externment order 01.04.2019 passed by respondent no. 3 in the aforesaid case shall remain stayed.

In the case the petitioner fails to file a certified copy of this order before the Commissioner concerned within ten days from today, then this writ petition shall stand automatically dismissed and the petitioners shall not be entitled to any benefit of this order.

With the aforesaid observations this writ petition is finally disposed of.

Order Date :- 9.7.2019

T.S.

(Raj Beer Singh,J.) (Ramesh Sinha,J)