Petitioner sought stay for externment order under U.P. Control of Goondas Act. Court held petition premature as appeal is pending and dismissed it.
Present petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. WRIT PETITION No. - 1684 of 2021
Petitioner :- Arvind Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondents and gone through the record.
The present petition has been filed to stay the effect and operation of order dated 7.11.2020 passed by respondent no.3District Magistrate, Kanpur Dehat in Case No. 452 of 2020, computer Case No. D202003400000452 (State Vs. Arvind) during the pendency of appeal filed before respondent no.-2, Commissioner, Kanpur Division Kanpur.
By order dated 7.11.2020 the respondent no.3 treating the petitioner as Goonda, under Section 3(3) of the U.P. Control of Goondas Act has ordered externment of the petitioner for a period of six months.
The appeal against the impugned order is still pending before the Appellate Court, therefore, this Court does not find any good reason to interfere in the impugned order.
In view of above, the present petition being premature is liable to be dismissed.
Accordingly, present petition is dismissed.
Order Date :- 7.9.2021
S.Verma
1 issue framed by the court
Whether a stay petition under the externalment order under the U.P. Control of Goondas Act is maintainable when the appeal is pending.
1 provisions across 1 enactments
Arvind
State Of U P
Respondent No. 2
Respondent No. 3
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
