Allahabad High Court
Julfikar @ Julfi vs State Of U.P. And 2 Others on 9 July, 2019
Bench: Ramesh Sinha, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 18751 of 2019
Petitioner :- Julfikar @ Julfi
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Brijesh Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Heard Sri Brijesh Kumar Pandey, learned counsel for the petitioner, Sri A.R. Chaurasia, learned AGA for the State and perused the record.
This writ petition has been filed by the petitioner with the prayer to quash the order dated 16.04.2019 passed by the District Magistrate, Rampur-respondent no. 3 as well as to direct the Commissioner Moradabad Division, Moradabad-respondent no. 2 to decide the stay application of the petitioner which has already been filed along with the appeal no. 00747 of 2019 within stipulated period.
It is submitted by the learned counsel for the petitioner that although the petitioner has filed an appeal before the Commissioner Moradabad Division, Moradabad-respondent no. 2 against the order of externment dated 16.04.2019 passed by the District Magistrate, Rampur-respondent no.3 but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by respondent no. 2. On account of non-consideration of the stay application filed in the aforesaid appeal, the police is harassing the petitioner, hence a direction may be issued to the respondent no. 2 to decide the petitioner's appeal within a time bound period fixed by this court or at least to consider the stay application of the petitioner filed along with appeal.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for the parties, without expressing any opinion on the merits of the case, we direct the Commissioner, Moradabad Division, Moradabad-respondent no.2 to decide the aforesaid appeal filed by the petitioner against the order of externment dated 16.04.2019 passed by respondent no.3, within a period of two months from the date of production of a certified copy of this order, before him. 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 six weeks from the aforesaid date.
For a period of six weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 16.04.2019 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 petitioner shall not be entitled to any benefit of this order.
With the aforesaid observations, this writ petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 9.7.2019/Anand
