The High Court dismissed the writ petition challenging an externment order as infructuous due to the efflux of time exceeding three years since the order's passage.
Writ petition dismissed as infructuous; interim order discharged.
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Court No. - 86
Case :- CRIMINAL MISC. WRIT PETITION No. - 15812 of 2017
Petitioner :- Sunil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A.
The present writ petition filed under Article 226 of the Constitution of India seeks to challenge impugned order dated 12.7.2017 passed by Commissioner, Meerut Division, Meerut, under Section 6 of the U.P. Control of Goondas Act (hereinafter referred to as the 'Act') dismissing Appeal No. 566/ 80/2016-17 and affirming the order dated 21.6.2017 passed by Additional District Magistrate (Administration) Ghaziabad, in case no. D- 20161128002170 under Section 3/4 of the Act ordering externment of the petitioner for a period of six months.
The submission of the learned counsel for the petitioner is that the order of externment for six months was passed on 21.6.2017, which has elapsed for more than three years back, thus this petition has become infructuous by efflux of time.
In view of the above, this writ petition has become infructuous and it is, accordingly, disposed of.
Interim order, granted earlier, stands discharged.
Order Date :- 28.7.2021 S.Verma
1 issue framed by the court
Whether today the writ petition is maintainable given the expiry of the externment order.
3 provisions across 2 enactments
Sunil
State Of U.P.
3 Others
Umesh Kumar
As recorded by the court registry
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