Allahabad High Court
Akhand Pratap Rai vs State Of U.P. And 2 Others on 2 July, 2021
Bench: Bachchoo Lal, Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- CRIMINAL MISC. WRIT PETITION No. - 4795 of 2021 Petitioner :- Akhand Pratap Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Singh,Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Bachchoo Lal,J.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner through video conferencing, learned A.G.A for the respondents and perused the record.
The present writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of Certiorari for quashing the impugned order dated 24.2.2021 passed by the Additional District Magistrate (Finance and Revenue) Mau in Case no. 00174 of 2021 (State Vs. Akhand Pratap Rai) with further prayer to issue a direction to the respondent no. 2 Commissioner, Azamgarh Division, Azamgarh to decide Appeal no. 395 of 2021 (Akhand Pratap Rai Vs. Additional District Magistrate (Finance and Revenue) Mau under section 6 (1) of UP Control of Goondas Act, 1970, P.S. Kopaganj, District Mau.
Learned counsel for the petitioner submits that externment order dated 24.2.2021 was passed by the Additional District Magistrate (Finance and Revenue) Mau against which the petitioner has filed an appeal no. 395 of 2021 (Akhand Pratap Rai Vs. Additional District Magistrate (Finance & Revenue) Mau under section 6 (1) of U.P. Control of Goondas Act, 1970 which is still pending. In that appeal no stay order has been passed by the appellate court and the appeal has not been decided till date due to which the police is harassing the petitioner.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case the respondent no. 2 Commissioner, Azamgarh Division, Azamgarh is directed to decide the appeal no. 395 of 2021 (Akhand Pratap Rai Vs. Additional District Magistrate ( Finance and Revenue) Mau under section 6 (1) of U.P. Control of Goondas Act, 1970, P.S. Kopaganj, District Mau within a period of two months from the date of production of certified/computer generated copy of this order. He shall also decide the stay application of the petitioner , if any, within a period of 15 days from filing of certified/computer generated copy of this order.
The petitioner is directed to file the certified/computer generated copy of this order before the court below concerned within a period of two weeks from today.
With the aforesaid observations this writ petition is finally disposed off.
Order Date: 2.7.2021.
A.