Belal Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:177289

Court No. - 80

Case :- CRIMINAL MISC. WRIT PETITION No. - 13947 of 2023

Petitioner :- Belal Respondent :- State of U.P. and Another Counsel for Petitioner :- Ravindra Kumar Yadav,Sandeep Kumar Yadav

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Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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None appeared for the petitioner except learned A.G.A. for the State.

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The present writ petition under Article 226 of the Constitution of India has been moved with following prayers :-

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I- To issue a writ, order or direction in the nature of Mandamus directing/commanding the respondent no.2 i.e. Commissioner, Azamgarh Division, Azamgarh to decide the stay application dated 11.07.2023 filed in Appeal No.690/A of 2023, Computerized No.C202315000000924 (Belal vs. Additional District Magistrate Administration, Azamgarh) under Section 6 of U.P. Control of Goonda Act within stipulated period and no coercive action may be taken against the petitioner.

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II- To issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

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It is submitted by learned counsel for the petitioner that an order for externment under Section 3(3) U.P. Control of Goondas Act, 1970 was passed by the Additional District Magistrate, Administration, Azamgarh in Case No.3878 of 2022 vide order dated 01.07.2023 on the basis of report dated 27.09.2022 against which an appeal was filed before the Commissioner, Azamgarh Division, Azamgarh which was admitted and is still pending but no stay order of externment was passed. In this way, during the pendency of appeal, if the affect of order in question is not stayed the purpose of appeal would be defeated, therefore, requested to direct the court concerned not to take any coercive action against the petitioner in pursuance of externment order dated 01.07.2023

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during the pendency of appeal and to decide the appeal as expeditiously as possible.

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Learned A.G.A. urged that in this case order was passed by the Additional District Magistrate, Administration, Azamgarh on the basis of material on record and against which appeal was filed but he has nothing to object about the stay of operation of order for externment during the pendency of appeal.

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Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record and the order passed by the Commissioner at the time of admission of appeal, it appears that though the appeal has been filed and is still pending before the court of Commissioner for final hearing but no order for staying the implementation of externment was passed which cannot be said to be lawful.

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As a result, it is directed that the order dated 01.07.2023 passed by the Additional District Magistrate, Administration, Azamgarh for externment and under challenge in appeal shall remain in abeyance during the pendency of appeal.

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It is also directed that Commissioner, Azamgarh Division, Azamgarh shall make his endeavour to decide the appeal of the petitioner as expeditiously as possible preferably within a period of 90 days from the date of production of certified copy of this order.

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Accordingly, this writ petition is disposed of finally.

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Order Date :- 13.9.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Belal v. State of U.P. and Another

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Belal v. State of U.P. and Another

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