The Court disposed of the writ petition challenging an order of externment of six months. The Court held that since the order was passed over five years ago, the petition became infructuous by efflux of time and discharged the interim order.
The petition was disposed of as infructuous due to efflux of time and the interim order was discharged.
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Court No. - 86
Case :- CRIMINAL MISC. WRIT PETITION No. - 1842 of 2017
Petitioner :- Rakesh Keshri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A.
This petition filed under Article 226 of the Constitution of India seeks to challenge order dated 17.1.2017 passed by Commissioner, Varanasi Division, Varanasi, under Section 6 of the U.P. Control of Goondas Act (hereinafter referred to as the 'Act') dismissing Appeal No. 20161400001342 of 2016 (Rakesh Keshri Vs. State of U.P.) and affirming order dated 11.7.2016 passed by District Magistrate Varanasi, under Section 3 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 11.7.2016, which has elapsed for more than five 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 :- 16.7.2021 S.Verma
1 issue framed by the court
Whether the writ petition challenging the order of externment remains maintainable despite the efflux of more than five years since the order was passed.
3 provisions across 2 enactments
Rakesh Keshri
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
