Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 49383 (ALL)

MOHD KHIJIR v. STATE OF U.P. AND 3 OTHERS

CRLP/14853/2023 · 2025-07-09

Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 79 Case :- CRIMINAL MISC. WRIT PETITION No. - 14853 of 2023 Petitioner :- Mohd Khijir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the parties. 2. The instant writ petition has been filed with a request to stay the effect and operation of the impugned judgment and order dated 04.08.2023 passed by Commissioner Azamgarh Division Azamgarh in Case No. 214 of 2023 (Mohd. Khijir vs. District Magistrate Mau), under section 06 of Uttar Pradesh Goonda Control Act- 1970, whereby the Commissioner Azamgarh Division, Azamgarh rejected the appeal filed by the petitioner as well as the impugned order dated 23.12.2022 passed by the Additional District Magistrate (Finance and Revenue) in Case No. 1736 of 2017 (State vs. Mohd. Khijir) under Section 3(1) Uttar Pradesh Goonda Control Act- 1970. 3. It transpires from the record that a show cause notice was served upon the petitioner under the Goonda Act, which was duly replied by the petitioner, but respondent no. 3 without considering the explanation/ objection filed by the petitioner, proceeded to pass an order of externment for a period of six months on 23.12.2022. Aggrieved with the same petitioner filed an appeal before the Commissioner Azamgarh, respondent no. 3 on 13.02.2023 and after due consideration of the facts of the appeal, respondent no. 3 rejected the same vide order dated 04.08.2023 and upheld the order of externment, the same has been assailed by the petitioner by means of the instant petition. 4. Learned AGA has vehemently opposed the prayer and raised objection on the maintainability of the petition as the cause for which the instant petition had been filed has already been expired, and hence, this petition has become infructuous. 5. Heard the submissions advanced by the learned counsel for the parties and perused the record. 6. It is evident that entire proceeding has been initiated by the petitioner just to get rid of the externment order passed by the respondent no. 3 and it seems that the period for which entire endeavor had been made by the petitioner has already been expired. There is no reason or occasion for this Court to entertain the instant petition, as the cause for which, it has been filed, has already been passed over and petition has become infructuous. 7. In view of the statement made above, the instant writ petition is dismissed as infructuous. Order Date :- 10.7.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad