Prem Chandra Mishra vs State Of U.P. And 3 Others
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Allahabad High Court

Prem Chandra Mishra vs State Of U.P. And 3 Others on 13 May, 2024

Author: Siddhartha Varma

Bench: Siddhartha Varma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85517-DB
 
Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7657 of 2024
 

 
Petitioner :- Prem Chandra Mishra
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Devi Prasad Tripathi,Manish Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Siddhartha Varma,J.
 

Hon'ble Vinod Diwakar,J.

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

2. This writ petition has been filed for the following relief :-

"(i) Issue, a writ, order or direction in the nature of certiorari quashing the impugned judgment and externment order dated 13.02.2024 (Annexure No.-2) passed by the Additional District Magistrate (Administration), Shahjahanpur in Case No. 647/2019 (Computerized Case No. D-201912610000647), under Section 3(1) of the U.P. Control of Goondas Act, 1970 (State Vs. Prem Chandra Mishra) at Police Station - Jaitipur, District - Shahjahanpur.

(ii) Issue, a writ, order or direction in the nature of mandamus directing/ commanding the Commissioner Shahjahanpur not to give effect order dated 13.02.2024 (Annexure No. -2) passed by the Additional District Magistrate (Administration), Shahjahanpur in Case No. 647/2019 (Computerized Case No. D-201912610000647), under Section 3(1) of the U.P. Control of Goondas Act, 1970 (State Vs. Prem Chandra Mishra) at Police Station - Jaitiput, District - Shahjahanpur.

(iii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in favour of Petitioner."

3. Contention of the learned counsel for the petitioner is that after the notice under the U.P. Control of Goondas Act, 1970 was issued on 03.04.2019, the petitioner contested the matter and ultimately on 13.02.2024, the Additional District Magistrate (Administrative), Shahjahanpur passed the order for externment. Learned counsel for the petitioner has stated that ever since the issuing of the notice and till the passing of the order, the petitioner had remained in the district and to the satisfaction of the Administration. However, he submits that now after the order was passed on 13.02.2024, the petitioner's externment was expected. Learned counsel for the petitioner states that when he filed the appeal on 02.04.2024 which was accompanied by an application for interim relief, no order on the application had been passed.

4. Sri Amit Sinha, learned Additional Government Advocate stated that every possible effort shall be made to get the appeal decided.

5. Under such circumstances, this Court is of the view that the appeal itself be decided within a period of two months and order be passed on the application for interim relief within a period of ten days. For a period of two weeks, the effect and operation of the order dated 13.02.2024 shall remain stayed.

6. With these observations, the instant writ petition stands disposed of.

Order Date :- 13.5.2024

M.S. Ansari

(Vinod Diwakar,J.) (Siddhartha Varma,J.)