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Raju Khatik v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11730 of 2005 [2005] RD-AH 6499 (28 November 2005)


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Hon'ble R.C.Deepak, J.

Heard learned counsel for the petitioner, learned Addl. Government Advocate for the State and perused the record.

It is contended by the learned counsel for the petitioner that the petitioner is a student of B.Com.II year in Chaudhary Charan Singh University, Meerut. He is not a goonda nor he is associated with any gang operating criminal activities and  on account of the pendency of certain cases of simple in nature,   the proceedings under Section 3 of U.P.Control of Goondas Act 1970 has been initiated against the petitioner. The petitioner could not file the objection and could not put his case properly and exparte order dated 10.10.2005 has been passed by the Addl. District Magistrate (Admn). He preferred an appeal before the Divisional Commissioner, Saharanpur wherein a prayer was made that the operation of the exparte order be stayed but the prayer was turned down by the appellate court. 30.11.2005 is the date fixed in the appeal for disposal.

Considering the facts and circumstances of the case, but without expressing any opinion on merit thereof,  learned appellate court is directed to proceed expeditiously with the hearing of the appeal, dispose of the same on merit on the date fixed or within a period of three weeks thereafter and till the final disposal of the appeal, the order dated 10.10.2005 passed by the Addl. District Magistrate shall remain stayed, provided the petitioner furnishes a personal bond of Rs.10,000/- before the magistrate concerned.

The petition stands disposed of accordingly.

Dt/- 28th November, 2005  



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