Raju Mishra Alias Rajeev Mishra v. State of U.P. and 2 Others

Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 17521 of 2023 Petitioner :- Raju Mishra Alias Rajeev Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant, learned A.G.A. and perused material on record. The present writ petition under Article 226 of the Constitution of India has been moved with following prayers :- I-To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide Appeal No. C202317000000768, under Section 6 of U.P. Control of Goonda Act pending before him expeditiously within stipulated period. II-To issue an appropriate writ order or direction staying the effect and operation of the order dated 27.10.2023 passed by Additional District Magistrate (Judicial), Sant Kabir under Section 3/4 U.P. Control of Goondas Ac, Police Station Mahuli, District Sant Kabir Nagar during pendency of appeal before the learned Commissioner Basti Division Basti. It is submitted by learned counsel for the petitioner that in this case, order of externment was passed by the Additional District Magistrate on 27.10.2023 against which he filed an appeal before the learned Court of Commissioner, Basti along with application for stay of operation of order passed by the Additional District Magistrate but is still pending and no any order has been passed by the learned Commissioner, therefore, request to stay the order passed by the Additional District Magistrate dated 27.10.2023. Learned A.G.A. opposed the prayer. Considering the facts and circumstances of the case and submission made by learned counsel for the petitioner and perusal of record, it appears that appeal was filed on 30.10.2023 along with stay application which is pending before the learned Commissioner. No any order has been passed even on the stay application, it is expedient to direct the learned Commissioner to pass the order on the stay application filed by the petitioner in accordance with law within a period of 30 days from today, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. With the aforesaid directions, the present petition stands disposed of finally. Till then, no coercive action shall be taken against the petitioner. Order Date :- 8.11.2023 A. Singh High Court of Judicature at Allahabad