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Neutral Citation No. - 2025:AHC:74826-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 9297 of 2025 Petitioner :- Prabhu Nath Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Kaushal Kishore Mani,Sachida Nand Tiwari Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard learned counsel for the petitioner and the learned A.G.A. for the State.
2. This writ petition has been filed for quashing the judgment and order dated 31st January, 2025 passed by respondent no.3 i.e. Additional District Magistrate (Finance & Revenue), Deoria in case no. 637 of 2024 (State Vs. Prabhu Nath Singh) under Section 3/4 of U.P. Control of Goondas Act, 1970, Police Station-Bhatani, Tehsil-Salempur, District-Deoria.
3. Today when the matter is taken up, learned counsel for the petitioner submits that against the impugned order of externment the petitioner has filed an appeal (Appeal No. C202505000000378D of 2025) (Prabhu Nath Singh Vs. Additional District Magistrate, Finance & Revenue, Deoria) on 10th February, 2025 before the Commissioner, Gorakhpur Division, Gorakhpur under Section 6 of U.P. Control of Goondas Act, 1970 along with interim stay application. He then submits that nearly three months have elapsed from the date of filing of the appeal, neither the interim stay application nor appeal itself has been decided till date. Hence the present writ petition.
4. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up by the petitioner, this writ petition is disposed of by providing that the Commissioner, Gorakhpur Division, Gorakhpur shall decide the interim stay application first filed by the petitioner along with appeal, in accordance with law by means of a reasoned speaking order, preferably within a week from the date of presentation of a certified copy of this order. Thereafter he shall decide the appeal itself in accordance with law within a period of 15 days. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 8.5.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad