Virendra Soni @ Pappu vs State Of U.P. And 4 Others
2023 Latest Caselaw 12337 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10865 of 2022
 

 
Petitioner :- Virendra Soni @ Pappu
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anand Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Om Prakash Tripathi,J.

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

2. This petition under Article 226 of the Constitution of India has been filed with the prayer to set-aside the judgment dated 01.07.2022 passed by Commissioner, Azamgarh in case no.28 of 2022 (Virendra Soni @ Pappu vs. District Magistrate, Ballia) under Section 6 of U.P. Control of Goonda Act, 1970 and also to set-aside the order of externment dated 06.12.2021 passed by District Magistrate, Ballia in case no.884 of 2019 (State vs. Virendra Soni @ Pappu) under Section 3(3) of U.P. Control of Goonda Act, 1970.

3. Learned counsel for petitioner submitted that Goonda Act has been wrongly imposed on the petitioner. He further submitted that the petitioner has been falsely implicated in this case due to political rivalry. There are only three cases pending against the petitioner:-

(i) Case Crime No.413 of 2016, under Sections 147, 148, 149, 504, 506, 295A I.P.C. and 7 Criminal Law (Amendment) Act at Police Station-Dubahar, District-Ballia.

(ii) Case Crime No.46 of 2018 under Sections 323, 504, 506 and 352 I.P.C. at Police Station-Dubahar, District-Ballia.

(iii) N.C.R. No.73 of 2018 under Section 323 and 506 I.P.C. at Police Station-Dubahar, District-Ballia.

4. On the basis of these cases proceedings under Section 110 (G) Cr.P.C. has been proceeded and it has also been reported that petitioner is dangerous for society. Nobody is in position to give evidence against the petitioner and there is terror in the minds of general public.

5. Perused the order dated 06.12.2021 by which petitioner has been ordered externment within the boundaries of District-Ballia for six months. This order has been challenged in appeal which was decided by Commissioner, Azamgarh on 01.07.2022 and appeal was dismissed on merit and order passed by District Magistrate dated 06.12.2021 has been confirmed.

6. From the perusal of both the impugned orders it appears that there is no illegality, material irregularity or manifest error in the impugned order. Interference by this Court is not required. It is also apparent that impugned order of externment has been passed on 06.12.2021 and period of externment has been lapsed so this petition is devoid of merit and is dismissed.

7. Accordingly, this Criminal Revision is hereby dismissed.

Order Date :- 21.4.2023

Kalp Nath Singh