Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21154 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri D.P. Singh, learned counsel for the petitioner and Sri B.P. Singh, learned AGA for the State.
2. The present writ petition has been filed seeking a direction to respondent no.2 i.e. Commissioner, Gorakhpur Division, Gorakhpur to decide the stay application dated 28.8.2025 filed in appeal No. 2173 of 2025 pending before respondent no.2 expeditiously if possible within one month.
3. It is contended that District Magistrate has erred in passing the order impugned whereby externment has been ordered against the petitioner on the basis of two old cases, one, under sections 323, 506 IPC and the other under sections 147, 148, 323, 504, 506, 336, 427, 325, 308 IPC and section 7 Criminal Law (Amendment) Act.
4. It is submitted that statutory appeal has been preferred before the Divisional Commissioner, Gorakhpur against the said order which is still pending. Therefore, it is submitted that a direction be issued to the Divisional Commissioner, Gorakhpur to decide the appeal preferred by the petitioner expeditiously.
5. Learned AGA has no objection to the above submissions.
6. In view of the above, learned Divisional Commissioner, Gorakhpur is directed to decide the appeal preferred by the petitioner expeditiously preferably, within a period of two months from the date of production of a certified copy of this order. Versus Counsel for Petitioner(s) : Dhirendra Pratap Singh Counsel for Respondent(s) : G.A. Surjeet Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
7. Till disposal of the said appeal, the externment order dated 23.8.2025 shall be kept in abeyance.
8. Writ petition stands disposed of. September 26, 2025 Madhurima CRLP No. 21154 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad