HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10394 of 2023 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Sri Ved Prakash Pandey, learned counsel for the petitioners appears and submits that under challenge in the present writ petition are two judgements dated 25.01.2023 passed by respondent no.3, District Magistrate, Ghazipur in Case No.00515 of 2021, Computerized Case No.D202114290000515 (State Versus Mangal Maurya) under Section 3(1) of Uttar Pradesh Control of Gundas Act, 1970 and and 29.4.2023 passed by the appellate authority- respondent no.2 (Commissioner, Varanasi Division, Varanasi) in Case No.360 of 2023, Computerized Case No. C202314000000360 (Mangal Maurya Versus State of U.P.) under Section 6 of Uttar Pradesh Control of Gundas Act, 1970 respectively. 2. It is submitted by the learned counsel for the petitioner that by previous order dated 06.07.2023 passed by this Court, operation of externment order dated dated 25.01.2023 passed by District Magistrate, Ghazipur was kept in abeyance, which is continuing, that led the present petition to become infructuous as the time provided for externment has already expired. 3. Learned counsel for the petitioner has vehemently submitted that accusation of the petitioner in Case Crime No.229 of 2018 under Sections 147, 149, 151, 153, 186, 189, 188, 341, 352, 353, 504, 506 I.P.C., 7 Criminal Law Amendment Act and Section 15 of Environment Act, 1986, Police Station Kasimabad, District Ghazipur is a false implication, which has not been considered by either the District Magistrate while invoking Section 3(1) of Uttar Pradesh Control of Goondas Act, 1970 nor by the appellate authority while deciding the appeal under Section 6 of Uttar Pradesh Control of Goondas Act, 1970. Versus Counsel for Petitioner(s) : Ved Prakash Pandey Counsel for Respondent(s) : G.A. Mangal Maurya .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4. Learned A.G.A. for the State is present. 5. On query, learned counsel has submitted at Bar that the petitioner has never challenged his accusation in aforesaid Case Crime No.229 of 2018, detailed above, in any proceeding. In such a situation, this Court cannot go into the merit of accusation in aforesaid Case Crime Number while considering the orders passed by Magistrate and appellate authority in discharging their duties under Sections 3(1) and 6 of Uttar Pradesh Control of Goondas Act, 1970. The order dated 25.01.2023 passed by the District Magistrate was kept in abeyance and lived its life, leading the present writ petition as infructuous. 6. In view of above, this writ petition is disposed of. October 14, 2025 MN/- CRLP No. 10394 of 2023 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad