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2025 DAILYLAW 89537 (ALL)

KADIR v. STATE OF U.P. AND 2 OTHERS

CRLP/18878/2025 · 2025-09-17

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18878 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. This writ petition has been filed for quashing of impugned judgment and externment order dated 24.7.2025, passed by the Presiding Officer/Additional Commissioner of Police, Commissionerate, Ghaziabad in Case No. 645 of 2024, under Section 2/3 of the U.P. Control of Goondas Act, 1970, Police Station Masuri, District Ghaziabad. 2. Contention of learned counsel for the petitioner is that after an order was passed on 24.7.2025 under Section 2/3 of the U.P. Control of Goondas Act, 1970, the petitioner filed an appeal under Section 6 of the Act on 29.7.2025. It is the contention of the learned counsel for the petitioner that no interim order was granted in the appeal and, therefore, during the pendency of the appeal, the petitioner would have to be externed. 3. Learned AGA, however, has submitted that the appeal filed by the petitioner shall be decided expeditiously. 4. In view of above and without going into merit of the case, we direct that the appeal filed by the petitioner on 29.7.2025 before the Commissioner, Meerut Division be decided within a period of two months from the presentation of a certified copy of this order. 5. It is further provided that till the decision of the appeal or for a period of two months, whichever is earlier, the petitioner shall not be externed in pursuance of the impugned order dated 24.7.2025. Versus Counsel for Petitioner(s) : Anil Kumar Ojha, Urvesh Kumar Counsel for Respondent(s) : G.A. Kadir .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. With these observations, the writ petition stands disposed of. September 18, 2025 sfa/ CRLP No. 18878 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad