Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 76241 (ALL)

MOHAMMAD JAVED v. STATE OF U.P. AND 3 OTHERS

CRLP/15470/2025 · 2025-08-10

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15470 of 2025 Petitioner :- Mohammad Javed Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. Criminal Misc. Exemption Application No. 01 of 2025. 1. Since the writ petition has been heard and decided finally at the admission stage, the requirement of filing certified copy of the impugned order dated 16.05.2025, is exempted. 2. The exemption application is disposed of, accordingly. Order on Petition 3. Heard learned counsel for the petitioner and learned AGA for the State and perused the record. 4. The present writ petition has been preferred with a prayer to quash the impugned externment order dated 16.05.2025 passed by the respondent no.2-Additional District Magistrate (Judicial), District Sant Kabir Nagar in Case No. 46 of 2022 [Computerized Case No. D202217650000046 (State Vs. Mohd. Javed)], under Section 3/4 U.P. Control of Goondas Act, 1970, Police Station Kotwali Khalilabad, District Sant Kabir Nagar and for a direction to the respondents not to enforce the impugned order. 5. Grievance of the petitioner is that after the externment order was passed under the U.P. Control of Goondas Act, 1970 on 16.05.2025, the petitioner had preferred an appeal on 17.06.2025. Learned counsel for the petitioner states that even though dates have been fixed, the appeal had yet not been decided. He further submits that in view of the fact no interim order had been passed in the appeal, the same shall become infructuous by the time it is finally decided. 6. Learned AGA states that the appeal shall be decided expeditiously. 7. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up by the petitioner, this writ petition is disposed of by providing that the Commissioner, Basti Division, Basti shall decide the appeal, in accordance with law by means of a reasoned speaking order, preferably within a period of two months from the date of presentation of a certified copy of this order. 8. For a period of two months or till the appeal is decided, whenever is earlier, the effect and operation of the impugned order dated 16.05.2025 shall remain stayed. Order Date :- 11.8.2025 Prajapati RK (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad