Disposed

Firoz Ali v. State of Up and 3 Others

Allahabad HC18 Jul 2024CRLP/11987/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition under Article 226, the Allahabad High Court directed the Commissioner Meerut Division to stay the operation of an externment order pending the appeal, despite the initial stay rejection, and ordered the appeal be decided within three months.

What did the court decide?

The externment order is stayed during the pendency of the appeal; the appellate authority is directed to decide the appeal within three months.

Firoz Ali vs State of Up and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114217

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Court No. - 82

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11987 of 2024

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Petitioner :- Firoz Ali Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Syed Abbas Shaukat Abidi,Syed Ahmed Faizan,Syed Ali Shaukat (Abidi),Sr. Advocate 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 Mandamus directing and commanding the concerned respondent no. 2 to decide the gunda control in appeal no. 32 of 2024 (Firoz Ali Vs. State of U.P.), expeditiously within stipulated period.

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II- Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper on the basis of facts and circumstances of the case.

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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 Commissioner of Police Commissionerate Gautam Buddha Nagar under Section 2(3) U.P. Control of Goondas Act, 1970 on the basis of report dated 31.05.2024 in Case No. 38 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 Commissioner of Police Commissionerate Gautam Buddha Nagar 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, 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

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dated 31.05.2024 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 Commissioner of Police Commissionerate Gautam Buddha Nagar 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 :- 18.7.2024 Suraj Srivastav

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

Firoz Ali v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Firoz Ali v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

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