Allowed

Ravindra Sharma @ Pintu Pandit v. State of U.P. and 2 Others

Allahabad HC14 Sept 2023CRLP/14098/2023

Case brief

AI extract

What is this about?

In a writ petition challenging an externment order passed during pendency of an appeal, the Allahabad High Court directed the order to remain in abeyance. The Court also mandated the appeal authority to decide the pending appeal within 90 days.

What did the court decide?

The externment order dated 10.05.2023 shall remain in abeyance, and the appeal must be decided within 90 days.

Ravindra Sharma @ Pintu Pandit Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177812

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Court No. - 80

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14098 of 2023

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Petitioner :- Ravindra Sharma @ Pintu Pandit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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None appeared on behalf of 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 quashing to direct the respondent No. 2 (Commissioner, Meerut Division, Meerut) to decide the Appeal No. 27 of 2023 (Ravindra Sharma @ Pintu Pandit vs. State of U.P.) under Section 6 U.P. Control of Goondas Act, 1970.

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II- To issue a writ, order or direction in the nature of mandamus directing the concerned respondent no. 2 and 3 not to compel the petitioner to leave his District during the pendency of the appeal before respondent no. 2 in pursuance of the order dated 10.05.2023 passed by Additional Police Commissioner, Law and Order, Commissionarate Gautam Budh Nagar Case No. 243 of 2022 (State vs. Ravindra Sharma @ Pintu Pandit), under Section 2/3 U.P. Control of Goondas Act, 1970 and expedite the appeal as early as possible.

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It is submitted by learned counsel for the petitioner that an order for externment under Section 2/3 of U.P. Control of Goondas Act, 1970 was passed by the Additional Police Commissioner, Law and Order, Commissionarate Gautam Buddh Nagar in Case No. 243 of 2022 vide order dated 10.05.2023 on the basis of report dated 23.12.2019 against which an appeal was filed before the Commissioner, Meerut Division, Meerut 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 10.05.2023 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 Police Commissioner, Law and Order, Commissionarate Gautam Budh Nagar on the basis

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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 the petitioner as well as learned A.G.A. for the State, 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 the application filed by the petitioner for staying the implementation of the order in question was rejected which cannot be said to be lawful.

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As a result, it is directed that the order dated 10.05.2023 passed by the Additional Police Commissioner, Law and Order, Commissionarate Gautam Budh Nagar 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, Meerut Division, Meerut shall made 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 :- 14.9.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Ravindra Sharma @ Pintu Pandit v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ravindra Sharma @ Pintu Pandit v. State of U.P. and 2 Others

Case brief

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