Externment under the Goondas Act was challenged via appeal pending at the Commissioner's office after rejection of stay. Court directed appeal be decided within three months and held the externment order in abeyance in the interim.
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Neutral Citation No. - 2024:AHC:125732
Court No. - 82
Case :- CRIMINAL MISC. WRIT PETITION No. - 8030 of 2024
Petitioner :- Nasir Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Diwan Saifullah Khan 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 has been filed with prayer to issue a writ, order or direction in the nature of:-
(A) Certiorari, to quash the order dated 12.04.2024 passed by respondent no. 2 in mandamus Appeal No.904 of 2024, by means of which the stay application of the petitioner has been rejected.
(B) Issue a writ order or direction upon the Commissioner Meerut, Division Meerut to decide the Criminal Appeal No.904 of 2024 (Nasir Vs. State of U.P.) within stipulated period fixed by this Hon'ble Court.
It is submitted by learned counsel for the petitioner that in this case externment order was passed against the petitioner u/s 3 U.P. Control of Goondas Act, 1970 by the Additional Commissioner of Police Commissionerate, Ghaziabad against which he preferred an appeal before the learned court of Commissioner, Meerut Division, Meerut in which date was fixed for hearing and stay application was rejected. Therefore, request to direct the learned court concerned to decide the appeal as expeditiously as possible and to stay the operation of externment order till the disposal of appeal.
Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., it is expedient to direct the respondent no.2 i.e. Commissioner, Meerut Division, Meerut to make its endeavour to decide the appeal as expeditiously as possible within a period of three months from the date of production of
certified copy of this order, in accordance with law.
In the meantime the operation of order dated 28.03.2024 passed by Additional Commissioner of Police Commissionerate, Ghaziabad shall remain in abeyance.
Accordingly, this writ petition is disposed of finally with the aforesaid direction.
Order Date :- 5.8.2024 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Commissioner should decide the externment appeal within a fixed period and whether the externment order should be held in abeyance meanwhile.
1 provisions across 1 enactments
Nasir
State Of Up
Commissioner, Meerut Division, Meerut
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
