Ramakant Alias Mithlesh v. State of U. P. Thru Secy.
2015-05-08
PANKAJ NAQVI
body2015
DigiLaw.ai
JUDGMENT Pankaj Naqvi, J. Heard Sri Gaurav Sisodia, learned counsel for petitioner and learned AGA for the State. 2. This writ petition is inter alia directed against order dated 10.4.2015, passed by respondent no. 2/ Commissioner, Bareily Division, Bareilly in Appeal No.2015120000542, under Section 6 of Uttar Pradesh Control of Goondas Act, whereby an application for interim stay in the pending appeal, has been rejected. 3. It is not disputed that proceedings under Section 3 of the Act was initiated against petitioner on the basis of criminal cases mentioned in paragraph-4 of the writ petition. However, the A.D.M. vide order dated 31.1.2015, passed an order of externment under Section 3(1) of the Act for a period of six months from the date of order. The petitioner preferred an appeal before the Commissioner, which came to be admitted on 10.4.2015, but the accompanying stay application was rejected. 4. Learned counsel for petitioner submitted that during pendency of the appeal, the Commissioner ought to have stayed the operation of externment order passed by the Addl. District Magistrate, else the purpose of filing an appeal would be frustrated. 5. It is well settled in law that once an appeal is admitted for hearing, operation of order impugned before it, if it has serious/drastic consequences, then operation of the same, is liable to be stayed. On the one hand, the Commissioner on 10.4.2015, admitted the appeal for hearing and summoned the records, but by the same stroke of pen, it rejected the stay application. The resultant situation is that even though appeal is slated for hearing before the appellate authority, a damocles sword is hanging over the petitioner on account of absence of any interim order during the pendency of the appeal, which would be in the teeth of law. 6. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder: - 7. The writ petition is disposed of with the direction to Commissioner of the Division to decide and dispose of the pending appeal, as expeditiously as possible, preferably within two months from the date of production of certified copy of the order and till the disposal of the appeal, the order of externment dated 31.1.2015 passed by Addl. District Magistrate, Shahjahanpur, shall remain stayed. 8. Learned counsel for petitioner undertakes not to seek any adjournment before the appellate authority.