In this criminal miscellaneous writ petition, the Allahabad High Court directed that an externment order be held in abeyance during the pendency of an appeal and ordered the Commissioner to decide the appeal within three months.
Externment order held in abeyance pending appeal; Appeal by Commissioner to be disposed within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:169714
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 6231 of 2023
Petitioner :- Shashi Bhushan Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhishek Kumar Chaubey 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 prayers :-
I- To issue a writ, order or direction in the nature of certiorari quashing the impugned externment order dated 14.2.2023 issued by Additional District Magistrate (Judicial) Sonebhadra under Section 3(1) of U.P. Control of Gunda Act, 1970.
II- To issue a writ, order or direction in the nature of certiorari quashing the impugned second Show Cause Notice dated 30.12.2021 issued by the District Magistrate, Sonebhadra, under Section 3(2) U.P. Control of Gunda Act, 1970 against the petitioner on the same set of facts and case during the pendency of earlier proceedings under Gunda Act.
III. To issue a writ of direction in the nature of mandamus staying the effect and operation of the impugned externment order dated 14.2.2023 passed by Additional District Magistrate (Judicial) Sonebhadra.
IV. To issue a writ, order or direction in the nature of mandamus directing the respondents not to adopt any coercive measure in view of impugned externment order dated 14.2.2023.
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, (Judicial), Sonebhadra under Section 3(1) U.P. Control of Goondas Act, 1970 on the basis of beat report based on Case Crime No. 695 of 2019, under Sections 323, 307, 504, 506 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 Vindhyachal Mandal, Mirzapur, 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 14.2.2023 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 Vindhyachal Mandal, Mirzapur 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 :- 23.8.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the operation of the impugned externment order should be stayed during the pendency of the appeal filed by the petitioner.
Whether the Commissioner should decide the pending appeal with expedited time limits.
3 provisions across 2 enactments
Shashi Bhushan Pandey
State Of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
