Disposed

Harikesh Chauhan v. State of U.P. and 2 Others

Allahabad HC25 May 2023CRLP/2504/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 227 of the Constitution, the court directed the Commissioner of Azamgarh to decide the petitioner's appeal under the U.P. Control of Goondas Act within two months. The operation of the petitioner's externment order was stayed pending the appeal's disposal.

What did the court decide?

The appeal shall be decided by the respondent no.2 within two months; the operation of the externment order is stayed pending disposal.

Harikesh Chauhan Vs State of U.P. and 2 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:117127

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Court No. - 83

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2504 of 2023

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Petitioner :- Harikesh Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Amit Kumar Singh, learned counsel for the petitioner and Sri Viresh Kumar Gupta, learned AGA for the State and also perused the material available on record.

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The instant criminal writ petition under Article 227 of Constitution of India has been filed by the petitioner with a prayer to issue a writ of mandamus commanding the respondent no.2, Commissioner, Azamgarh Region, Azamgarh to decide the Appeal No. C202315000000111 (Harikesh Chauhan Vs. State of U.P.) filed u/s 6 of U.P. Control of Goondas Act, 1970 against the externment order dated 20.01.2023 passed by District Magistrate, Mau in Case No.00902 of 2021, Computer Case No.D202115510000902, (State Vs. Harikesh Chauhan), u/s 3(1) of Uttar Pradesh Control of Goondas Act, 1970. The petitioner has also prayed that the operation/execution of the externment order dated 20.01.2023 may be stayed till the disposal of appeal.

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Learned counsel for the petitioner has submitted that the petitioner has been externed for six months from limits of District Mau from the date of order i.e. on 20.01.2023. The said externment order has been passed against the petitioner on the basis of four registered cases i.e., (1) Case Crime No.406 of 2020, u/s 34, 336, 323, 506 & 427 of IPC; (2) Case Crime No.09 of 2021, u/s 323, 504, 506, 352 & 147 of IPC; (3) Case Crime No.65 of 2021, u/s 147, 148, 323, 504, 506 & 352 of IPC; and (4) Beat Information Report No.27 dated 12.03.2021. Learned counsel has prayed for passing appropriate orders directing the appellate court to decide the appeal expeditiously and for issuing some interim order till disposal of appeal.

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It is alleged from the beat information report that petitioner is a criminal and goonda and due to his fear, no person comes forward to give his statement before the police.

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On the other hand, learned A.G.A. has vehemently opposed the prayer of the petitioner on the ground that as per material available on record, the petitioner is habitual of committing crime and the same reflects from his criminal antecedents and for that reason, the criminal proceedings under Goonda Act was initiated and he has been externed for six months from the limits of District, Mau.

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From the perusal of the record, it appears that out of six months of said externment order, four months have already elapsed and the appeal preferred by the petitioner-appellant is still pending before the Commissioner, Azamgarh Region, Azamgarh.

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Under such circumstances, the petition is disposed of with the direction that the respondent no.2, Commissioner, Azamgarh Region, Azamgarh shall decide the appeal filed by the petitioner u/s 6 of the U.P. Control of Goondas Act, expeditiously, preferably within a period of two months from the date of this order, unless there is no legal impediment or the purpose of filing appeal be not defeated and get infructuous. The operation of impugned externment order dated 20.01.2023 passed by learned District Magistrate shall remain stayed till the disposal of the appeal.

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(Justice Krishan Pahal)

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Order Date :- 25.5.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Harikesh Chauhan v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Harikesh Chauhan v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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