Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 13475 of 2010 Petitioner :- Pradeep Kumar Dubey Respondent :- State Of U.P. & Others Petitioner Counsel :- Pradeep Kumar Rai,Kamal Krishna Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This writ petition has been filed for quashing the order dated 8.7.2010 passed
by the Commissioner, Varanasi Division, Varanasi, in Appeal No. 221 of
2010, Pradeep Kumar Dubey Vs. State of U.P., whereby the learned
Commissioner admitted the appeal against the externment order dated
25.6.2010 passed by the District Magistrate, Jaunpur, in Case No. 242 but
refused to stay the operation of the order.
I have heard Mr. Kamal Krishna, learned Senior Counsel assisted by Mr. P.
K. Rai, learned counsel for the petitioner, learned AGA for the State and
perused the record.
It has been argued by Mr. Krishna that the order of the Commissioner dated
8.7.2010 is a device to frustrate the appeal. If this order is allowed to
continue, there is every apprehension that the externment order shall
impliedly be executed. Therefore, it is necessary that this order be quashed.
Considering the fact that the appeal was admitted by the Commissioner, there
should have been stay of the externment order otherwise there would be no
purpose of filing the appeal as in the case of delay in the disposal of the
appeal the externment order shall impliedly be executed and the appeal would
frustrate.
Accordingly, I allow this petition and order that till the disposal of the appeal
before the Commissioner, the operation of the order dated 25.6.2010 passed
by the District Magistrate, Jaunpur, in Case No. 242, State Vs. Pradeep
Kumar Dubey, shall remain stayed.
Order Date :- 28.7.2010
Pcl