Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 11460 of 2010 Petitioner :- Ashu Nigam Respondent :- State Of U.P. & Others Petitioner Counsel :- B.N. Singh Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition has been filed under Article 226 of the Constitution of India on
behalf of the petitioner Ashu Nigam for quashing the impugned order dated
9.6.2010 passed by respondent no.3 by which application for stay of the
impugned order has been rejected.
It is contended by learned counsel for the petitioner that on the report of the
police proceeding u/s 3 of U.P.Control of Goondas Act were initiated. The
Addl. District Magistrate by impugned order dated 28.4.2010 passed an order
of externment of the petitioner for a period of six months against which an
appeal has been preferred before the Commissioner ,Division ,Jhansi u/s 6 of
U.P.Control of Goondas Act. Appeal was admitted but application for stay of
the impugned order has been rejected by the Commissioner by impugned
order dated 9.6.2010. It is further contended that if the operation of the
impugned order is not stayed, the very purpose of the appeal will be
frustrated.
Learned AGA has justified the impugned order.
Considered the submissions made by learned counsel for the parties, the
appeal has been admitted by the Commissioner for hearing on merit.
Apparently the operation of the impugned order has not been stayed.
The writ petition is allowed and finally disposed of with the direction that the
Commissioner Jhansi Division Jhansi will dispose of the appeal as early as
possible preferably within a period of two months and the operation of the
impugned order passed by the Addl.District Magistrate shall remain stayed till
that date.
Learned counsel for the petitioner undertakes that the petitioner shall file a
certified copy of this order along with appropriate application within 15 days
before the court below.
Order Date :- 1.7.2010
Hsc/