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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23363 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J.
1. Sri Atul Kumar Pandey, learned counsel for the petitioner appears and submits that the petitioner is being aggrieved by judgement and order dated 09.06.2025 passed by respondent no.3-Additional District Magistrate (Judicial), Maharajganj, whereby he was directed for six months externment on the basis of one case and one beat report of the year 2018. He is further aggrieved by the pendendcy of stay application before the appellate forum, respondent no.2/ Commissioner, Gorakhpur Division Gorakhpur. The appeal is filed on 08.09.2025 and the application for stay is pending before the appellate authority. Hence, he seeks interference of this Court.
2. Learned AGA is present for the State-opposite party no.1 to oppose the prayer.
3. This Court has considered the record and the argument made by the parties. The order dated 09.06.2-025 passed by respondent no.3/Additional District Magistrate (Judicial), Maharajganj was based on only one case which is Case Crime no. 530 of 2018, under Section 147, 323, 504, 506 IPC and Section 3(1)(Dha) and a Beat Report no. 19 dated 22.09.2018, which is challenged in Appeal No. 2276 of 2025 [Computerized Case No. C202505000002276 ( Raju Vs. Additional District Magistrate (Judicial) Maharajganj)] under Section 6 of U.P. Control of Goonda Act and is pending disposal along with the stay application. Versus Counsel for Petitioner(s) : Atul Kumar Pandey, Raghu Nath Pandey Counsel for Respondent(s) : G.A. Raju .....Petitioner(s) State Of U.P. And 2 Other .....Respondent(s)
4. Hence till the disposal of the stay application dated 08.09.2025, filed along with appeal, the order dated 09.06.2025 passed by respondent no.3/Additional District Magistrate (Judicial), Maharajganj in Case No. 464 of 2019 shall not be given effect to.
5. The writ petition is accordingly disposed of. October 29, 2025 Abhishek Sri.
CRLP No. 23363 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad