Raju v. State of U.P. and 2 Others

Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 17878 of 2023 Petitioner :- Raju Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the 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 and directing the respondent no. 2, to decide the Appeal bearing Case No. 1567 of 2023 (Raju Vs. State of U.P.) under Section 6 of U.P. Control of Goondas Act, 1970 within stipulated period. II-To issue a writ, order or direction as this Hon'ble Court may deem fit and proper under this circumstances of the case. It is submitted by learned counsel for the petitioner that in this case, order of externment was passed by the District Magistrate, Amroha on 01.09.2023 against which he filed an appeal before the learned Court of Commissioner, Moradabad Divison, Moradabad along with application for stay of operation of order passed by the District Magistrate, Amroha but is still pending and no any order has been passed by the learned Commissioner, therefore, request to stay the order passed by the District Magistrate, Amroha dated 01.09.2023. 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 28.08.2023 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 :- 17.11.2023 Suraj Srivastav High Court of Judicature at Allahabad