Allowed

Nawab v. State of U.P. and 3 Others

Allahabad HC4 Jul 2023CRLP/9398/2023

Case brief

AI extract

What is this about?

Writ petition challenging an externment order under UP Control of Goondas Act. Court directed the order to remain in abeyance during the pendency of a pending appeal, noting the prior application for stay was unlawfully rejected. It ordered the appellate authority to decide the appeal within two months.

What did the court decide?

Ordered that the District Magistrate's externment order remain in abeyance during the pendency of the appeal.

Nawab Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:131972

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Court No. - 80

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9398 of 2023

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Petitioner :- Nawab Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Raj Pandey,Shubham Pandey Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.

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The present writ petition under Article 226 of the Constitution of India has been moved with prayer to direct the Commissioner, Meerut Manda, Meerut to stay the effect of order dated 19.05.2023 passed in Appeal No.627 of 2023 having Computerized Case No.C202311000000627 (Nawab Vs. State of U.P.) under Section 6 U.P. Control of Goondas Act, 1970 arising out of order dated 13.04.2023 passed in Case No.555 of 2022 (State vs. Nawab) having Computerized Case No.D202211084444555, under Section 3/4 of U.P. Control of Goondas Act, 1970, Police Station Baghpat, District Baghpat.

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It is submitted by learned counsel for the petitioner that an order for externment under Section 3/4 U.P. Control of Goondas Act, 1970 was passed by the District Magistrate, Baghpat in Case No.555 of 2022 vide order dated 13.04.2023 on the basis of report dated 20.05.2022 having three cases against him as Crime No.105 of 2020, Crime No.77 of 2021 & Crime No.677 of 2021 against which an appeal was filed before the Commissioner, Meerut which was admitted and is still pending. Further submitted that in the aforesaid appeal an application for staying of operation of order in question was filed 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 13.04.2023 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 District Magistrate on the basis of material on record and against which appeal was filed but he has nothing to object

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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 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.

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As a result, it is directed that the order passed by the District Magistrate, Baghpat 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 shall make his endeavour to decide the appeal of the petitioner as expeditiously as possible preferably within a period of two months 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 :- 4.7.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Nawab v. State of U.P. and 3 Others

Case brief

What is this about?

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Nawab v. State of U.P. and 3 Others

Case brief

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