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2025 DAILYLAW 74617 (ALL)

MOHD. MAJAHAR v. STATE OF U.P. AND 4 OTHERS

CRLP/15261/2025 · 2025-07-17

Madan Pal Singh, Siddhartha Varma

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:117019-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15261 of 2025 Petitioner :- Mohd. Majahar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shibli Naseem Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,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 quashing the externment order dated 28th March, 2025 passed by the Additional District Magistrate (Administration) Azamgarh in Case No. 2919 of 2024 (D202415060002919) (State Vs. Mohd. Mazhar) under Section 3 (1) of the Uttar Pradesh of Control of Goondas Act, 1970, whereby he has been directed to leave the district Azamgarh for a period of six months. 3. Contention of the learned counsel for the petitioner is that against the externment order passed by the Additional District Magistrate (Administration), Azamgarh dated 28th March, 2025, petitioner filed an appeal before the Commissioner, Azamgarh Divsiion, Azamgarh which was numbered as Criminal Appeal No. C-202515000000832 (Mohd. Mazhar Vs. State of U.P.) under Section 6 of the Uttar Pradesh of Control of Goondas Act, 1970. He further submits that while the appeal has been entertained, no interim order has been passed by the appellate authority. He, therefore, submits that very purpose of filing of the appeal would be frustrated if the petitioner is expelled from the district. 4. Under such circumstances, we are of the view that the aforesaid appeal which has been filed by the petitioner be considered and decided by the appellate authority, in accordance with law by means of a reasoned and speaking order, within three weeks from the date of production of a certified copy of this order. 5. It is also provided that for a period of three weeks, the effect and operation of the externment order dated 28th March, 2025 passed by the Additional District Magistrate (Administration) Azamgarh shall remain stayed. 6. With the aforesaid observations/directions, this writ petition is disposed of. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 18.7.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad