Disposed

Krishan Pal Singh v. State of Up and 3 Others

Allahabad HC25 Jul 2024CRLP/11498/2024

Case brief

AI extract

What is this about?

The High Court granted stays on the implementation of an externment order pending an appeal, directing the appellate authority to dispose of the appeal within three months and refraining from coercive action during the pendency.

What did the court decide?

Externment order to remain in abeyance pending appeal; appeal to be decided expeditiously within three months; no coercive action during pendency.

Krishan Pal Singh vs State of Up and 3 Others — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118890

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Court No. - 82

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11498 of 2024

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Petitioner :- Krishan Pal Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashish Rai,Om Prakash Rai 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 following prayers :-

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I- To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.06.2024 passed by Commissioner Meerut Division, Meerut in Case no. 1338/ 2024 vide its computerized Case no. C-202411000001338 (Krishan Pal Singh Vs. State of U.P.) under Section 6 of U.P. Control of Gunda Act, 1970.

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II- Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the appeal of the petitioner dated 11.06.2024 expeditiously pending before him and till the disposal of aforesaid appeal no coercive action taken against the petitioner in pursuance of order dated 05.06.2024 passed by respondent no. 2.

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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 Police Commissioner, Commissionerate Ghaziabad under Section 2/3 U.P. Control of Goondas Act, 1970 on the basis of report dated 18.04.2024 in Case No. 398 of 2024. Further submitted that in the meantime no such activity was done by the petitioner to create any kind of apprehension among the members of the society even though the order for externment was passed by Additional Police Commissioner, Commissionerate Ghaziabad against which he filed an appeal before the Commissioner Meerut Division, Meerut which was admitted and is still pending but the operation of order for externment was not stayed. In this way,

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during the pendency of appeal, if the effect 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 05.06.2024 during the pendency of appeal and to decide the appeal as expeditiously as possible.

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Learned A.G.A. has no objection in this regard.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., perusal of record and the order passed by the Commissioner Meerut Division, Meerut 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 Meerut Division, Meerut 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 Additional Police Commissioner, Commissionerate Ghaziabad 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 Division, Meerut shall make 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.

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Accordingly, this writ petition is disposed of finally.

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Order Date :- 25.7.2024

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Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Krishan Pal Singh v. State of Up and 3 Others

Case brief

What is this about?

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Krishan Pal Singh v. State of Up and 3 Others

Case brief

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