High Court granted a stay on an externment order under the U.P. Control of Goondas Act pending the appeal before the Commissioner, Meerut, directing the Commissioner to decide the appeal within three months.
Externment order stayed in abeyance; Commissioner directed to decide appeal within three months.
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Neutral Citation No. - 2023:AHC:236561
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 19026 of 2023
Petitioner :- Monu @ Mohan Pratap Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Lal Shukla Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.
The present writ petition under Article 226 of the Constitution of India has been moved with following prayer :-
I- Issue a writ, order or direction for Certiorari quashing the impugned order dated 4.9.2023 passed by respondent no. 3 in Case No. 1968 of 2023, under Section 3(1) U.P. Control of Goonda Act.
II- Issue a writ, order or direction in the nature of mandemus directing the respondent no. 2 to decide the appeal no 1655 of 2023, pending before him, Police Station Aurangabad, District Bulandshahr.
It is submitted by learned counsel for the petitioner that an order for externment for a period of 6 months was passed by the Additional District Magistrate, Bulandshahr under Section 3(1) U.P. Control of Goondas Act, 1970 on the basis of beat report based on Case Crime No. 454 of 2020, under Sections 147, 148, 149, 307, 395, 325 IPC, Case crime No. 61 of 2022, under Sections 323, 504, 506 IPC, Case Crime No 279 of 2022, under Sections 323, 504, 506 IPC, Case Crime No. 94 of 2023, under Sections 147, 148, 504, 506, 186 IPC. Further submitted that in the meantime no such activity was done by the petitioner to create any kind of apprehension in the members of the society even though the order for externment was passed by Additional District Magistrate against which he filed appeal before the Commissioner, Meerut which was admitted and is still pending but the operation of order for externment was not stayed. 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 4.9.2023 during the pendency of appeal and to decide the appeal as expeditiously as possible.
Learned A.G.A. urged that in this case order was passed by the Additional District Magistrate 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.
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 the application filed by the petitioner for staying the implementation of the order in question was rejected which cannot be said to be lawful.
As a result, it is directed that the order passed by the Additional District Magistrate for externment and under challenge in appeal shall remain in abeyance during the pendency of appeal.
It is also directed that Commissioner, Meerut shall made his endeavour to decide the appeal of the petitioner as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.
Accordingly, this writ petition is disposed of finally.
Order Date :- 14.12.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court has the authority to stay the operation of an externment order pending the hearing of an appeal against it.
Whether the Commissioner, Meerut should decide the pending appeal within a specific timeframe.
2 provisions across 2 enactments
Monu @ Mohan Pratap
State Of U.P.
2 Others
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
