Quashed

Shiv Karan Singh v. Commissioner Lko. Division Lko. and 4 Others

Allahabad HC5 Jun 2024CRLP/3204/2024

Case brief

AI extract

What is this about?

Writ petition filed against orders of externment under the U.P. Control of Goondas Act, 1970. The court set aside the impugned orders, noting the petitioner had been out of the district for four months and had obtained bail in three out of four related criminal cases. Fresh proceedings permitted if new incidents occur.

What did the court decide?

Impugned orders of externment/banishment set aside.

Shiv Karan Singh vs Commissioner Lko. Division Lko. and 4 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:42510

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Court No. - 12

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3204 of 2024 Petitioner :- Shiv Karan Singh Respondent :- Commissioner Lko. Division Lko. And 4 Others Counsel for Petitioner :- Mithila Bakhsh Tiwari Counsel for Respondent :- G.A.

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Hon'ble Om Prakash Shukla,J.

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1. Heard learned counsel for the petitioner and learned A.G.A. for the State.

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2. The present writ petition has been filed by the petitioner- Shiv Karan Singh , seeking quashing of the impugned order dated 16.04.2024 passed by respondent No.1/Commissioner, Lucknow Division, Lucknow whereby statutory appeal filed by the petitioner against order of externment bearing Case No.1100 of 2024 (Computerized Case No.C202410000001100) was dismissed as well as order dated 16.02.2024 passed by District Magistrate, Raebareli (respondent No.1) in Case No.279 of 2023 (Computerized Case No.D202310580000279) by which petitioner has been banished for a period of six months from entering into the limits of District- Raebareli under Sections 3/4 of U.P. Control of Goondas Act, 1970 contained as Annexure Nos.1 and 2 to this petition.

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3. It is submitted by the learned counsel for the petitioner that due to village party bandi, respondent No.5 has lodged the false

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and fabricated F.I.R. against the petitioner and his family members which was registered at F.I.R. No.0069 of 2022, under Sections 323, 504, 506 I.P.C., Police Station Shivgarh, District Raebareli. He has further submitted that respondent No.5 was working as a Home Guard at Police Station Shivgarh, District Raebareli and he was only instrumental to lodging all four F.I.R.s. The petitioner has out of district for the last four months. He is a poor farmer. He further submits that out of four cases lodged against the petitioner, except one case i.e. Case Crime No.470 of 2022, under Sections 323, 504 I.P.C, and Sections 3(1)(d) and Section 3(1)(dha) of SC/ST Act, Police Station Shivgarh, District Raebareli, in all three cases, petitioner has been enlarged on bail.

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4. On the contrary, learned A.G.A. has opposed the submissions of learned counsel for the petitioner and submitted that he does not dispute the fact that out of four cases in three cases the petitioner has been enlarged on bail. He has further submitted that petitioner is a habitual offender and the order passed by the District Magistrate is just and proper.

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5. Looking into the aforesaid facts and circumstances of the case and the fact that petitioner has already out of district for last four months and only two months are remaining; out of four cases lodged against the petitioner, he has already been enlarged on bail in three cases except one case i.e. Case Crime

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No.470 of 2022, this Court finds proper to allow this writ petition.

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6. The writ petition is allowed . The impugned order dated

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16.04.2024 and 16.02.2024 are set aside.

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7. However, the District Authority are at liberty to initiate fresh proceedings, if any, new incidents occurs.

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[Om Prakash Shukla, J.]

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Order Date :- 5.6.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Shiv Karan Singh v. Commissioner Lko. Division Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Shiv Karan Singh v. Commissioner Lko. Division Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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