Short order dismissing a writ petition seeking stay of an expired externment order under the U.P. Control of Goondas Act, noting no purpose is served in pending the matter.
Petition disposed with observation that fresh externment must be made afresh after due notice.
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Court No. - 91
Case :- CRIMINAL MISC. WRIT PETITION No. - 14932 of 2022
Petitioner :- Aas Mohammad Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohd Shamim Khan,Mohd. Tasleem Counsel for Respondent :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Mr. Mohd. Tasleem, learned counsel for the petitioner and the learned A.G.A. for the State. Perused the record.
The present petition has been filed to stay the effect and operation of the impugned order dated 1.9.2022 passed by respondent no.2, in Case No. 443 of 2022 (Aas Mohammad Vs. State of U.P.), under Section 6 of U.P. Control of Goondas Act, 1970.
The externment order dated 17.8.2022 passed by respondent no. 3, in Case No. 1032 of 2021, State Vs. Aas Mohammad (Computerized Case No. D202117140001032) has been confirmed by the order dated 1.9.2022, passed by respondent no.2.
Learned counsel for the petitioner states that the period of externment has already been expired.
Having considered the submission of the learned counsel for the petitioner and the fact that the period of externment order dated 17.8.2022 passed by respondent no. 3 has been expired, no useful purpose would be served in keeping this petition pending at this belated stage.
The writ petition is finally disposed of with the observation, in case any fresh externment order is required to be passed, a de novo exercise may be made upon issuance of due notice to the petitioner and challenge to that externment order may arise notwithstanding any observations made in this order.
Order Date :- 16.2.2023 M. Tarik
Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad
Aas Mohammad
State Of U P
Mohd. Azhar Husain Idrisi
M. Tarik
As recorded by the court registry
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