Disposed

Shakeel Ahamad v. State of Up and 4 Others

Allahabad HC5 Aug 2024CRLP/8611/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the court directed the Commissioner, Basti Division, to decide an appeal under Section 6 of U.P. Gunda Control Act, 1970, within three months and stayed the operation of the impugned externment order during the pendency.

What did the court decide?

Direction to decide appeal within three months; stay on externment order during appeal pendency.

Shakeel Ahamad vs State of Up and 4… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:125693

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Court No. - 82

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8611 of 2024

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Petitioner :- Shakeel Ahamad Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Prakash Veer Tripathi 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 has been filed with prayer to:-

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(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 19.04.2024 passed by Respondent No. 2.

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(ii) Issue a writ, order or direction in the nature of mandamus to direct the Respondent no. 2 Commissioner, Basti Division, Basti to decide the Computerised Case No. C202417000000518 (Shakeel Ahamad Vs. State of U.P.) under Section 6 of U.P. Gunda Control Act, 1970

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(iii) Issue a writ order or direction in the nature of mandamus to direct the respondent no. 2 and 3 not to compel the petitioner to leave his District during the pendency of the appeal before respondent no. 2 in pursuance of order dated 27.02.2024 passed by Additional District Magistrate, Sant Kabir Nagar in Case No. 657 of 2022 (State Vs. Shakeel Ahamad) under Section 3/4 of U.P. Goonda Control Act.

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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. Gunda Act by the Additional District Magistrate, Sant Kabir Nagar against which he preferred an appeal before the learned court of Commissioner, Basti Division, Basti 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.

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Learned A.G.A. opposed the prayer as aforesaid.

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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., it is expedient to direct the Commissioner, Basti Division, Basti 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.

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In the meantime the operation of order dated 27.02.2024 passed by Additional District Magistrate, Sant Kabir Nagar shall remain in abeyance.

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Accordingly, this writ petition is disposed of finally with the aforesaid direction.

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Order Date :- 5.8.2024 Suraj Srivastav

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

Shakeel Ahamad v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Shakeel Ahamad v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

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