Parvez Ahmad v. State of U.P. and Another

Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 16401 of 2023 Petitioner :- Parvez Ahmad Respondent :- State of U.P. and Another Counsel for Petitioner :- Gyanendra Prakash Srivastava Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record. The present writ petition under Article 226 of the Constitution of India has been moved with a prayer to issue a writ, order or direction in the nature of mandamus directing to decide in appeal No. C202315000001362 in Case No. 629 of 2022 (State Vs. Parvez Ahmad) u/s 3(1) of U.P. Control of Goonda Act, and decide the stay application filed in Case No. Nil of 2023 (Parvez Ahmad Vs. District Magistrate, Mau) under Section 6(1) U.P. Control of Goonda Act pending in the court of learned Commissioner Azamgarh Division, Azamgarh expeditiously within stipulated period prescribed by this Hon'ble Court. It is submitted by learned counsel for the petitioner that an order for externment under Section 3(1) of U.P. Control of Goondas Act, 1970 was passed by the District Magistrate, Mau in Case No. 629 of 2022 vide order dated 25.09.2023 on the basis of report dated 26.02.2022 against which an appeal was filed before the Commissioner, Azamgarh Division, Azamgarh which was admitted and is still pending but no stay order of externment was passed. In this way, during the pendency of appeal, if the affect of order in question is not stayed the purpose of appeal would be defeated, therefore, requested to direct the court concerned not to take any coercive action against the petitioner in pursuance of externment order dated

25.09.2023 during the pendency of appeal and to decide the appeal as expeditiously as possible. Learned A.G.A. urged that in this case order was passed by the District Magistrate, Mau on the basis of material on record and against which appeal was filed but he has nothing to object about the stay of operation of order for externment during the pendency of appeal. Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. for the State, perusal of record and the order passed by the District Magistrate, Mau, it appears that, though the appeal has been filed and is still pending before the court of Commissioner for final hearing but the application filed by the petitioner for staying the implementation of the order in question was rejected which cannot be said to be lawful. As a result, it is directed that the order dated 25.09.2023 passed by the District Magistrate, Mau for externment and under challenge in appeal shall remain in abeyance during the pendency of appeal. It is also directed that Commissioner, Azamgarh Division, Azamgarh shall made his endeavour to decide the appeal of the petitioner as expeditiously as possible preferably within a period of 90 days from the date of production of certified copy of this order. Accordingly, this writ petition is disposed of finally. Order Date :- 3.11.2023 Suraj Srivastav High Court of Judicature at Allahabad