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2025 DAILYLAW 86122 (ALL)

GAURAV SRIVASTAVA v. STATE OF U.P. AND 3 OTHERS

CRLP/17914/2025 · 2025-08-22

Arun Kumar Singh Deshwal, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146318-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17914 of 2025 Petitioner :- Gaurav Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Arun Kumar Singh Deshwal,J. Criminal Misc. Exemption Application No. 1 of 2025 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. The petitioner is exempted from filing the certified copy of the first information report dated 25.6.2025. 3. The application is, accordingly, allowed. Order on Petition 4. By means of this writ petition, the petitioner is challenging the order of externment dated 25.6.2025 passed by the respondent no. 3 in Case No. 1024 of 2025 (Computerized Case No. D202503240001024) (State vs. Gaurav Srivastava). It has also been prayed that the appeal which the petitioner had filed against the externment order be decided expeditiously. Further, it has been prayed that during the pendency of the Appeal, the effect and operation of the order dated 25.6.2025 be stayed. 5. Learned counsel for the petitioner submitted that after the appeal was filed which had accompanied an application for interim relief, the application for interim relief was rejected on 24.7.2025. Since the order dated 24.7.2025 did not give any reason for the rejection of the stay application, the order dated 24.7.2025 was erroneous in the eyes of law. Learned counsel for the petitioner submitted that reason is the heartbeat of any order and in the absence of it, the order becomes erroneous. 6. We do find that the Appellate Court had rejected the stay application simply because the cases in which the petitioner was involved and on the basis of which he had been implicated in Goonda Act were of grievous in nature. 7. We find that the Appellate Court has not considered this aspect of the matter that if an interim order was not granted in the Appeal then the Appeal itself would become infructuous. 8. In such circumstances, we direct that the Appeal No. 2378 of 2025 (Computerized Case No. C202503000002378) (Gaurav Srivastava vs. State) pending before the respondent no. 4 be decided expeditiously within a period of one month from the date of presentation of a certified copy of this order. 9. For a period of one month or till the decision of the appeal, whichever is earlier, the petitioner shall not be externed 10.With these observations, the writ petition stands disposed of. Order Date :- 23.8.2025 PK Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad