Vishant Deshwal v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 17582 of 2023 Petitioner :- Vishant Deshwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. 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 following prayer :- I-A writ, order or direction in the nature of Certiorari quashing the order dated 9.10.2023 passed by the respondent no. 2/ Commissioner, Moradabad, Division, District Moradabad in appeal no. 1829 of 2023, under Section 6 U.P. Control of Goonda Act. It is submitted by learned counsel for the petitioner that an order for externment for a period of 6 months was passed by the Additional District Magistrate (Administration), Bijnor under Section 3(1) U.P. Control of Goondas Act, 1970 on the basis of beat report based on Case Crime No. 127 of 2017, under Sections 452, 323, 54, 506 IPC, Case Crime No. 93 of 2020, under Section 60 Excise Act, Case Crime No. 81 of 2022, under Section 307 IPC and Case Crime No. 83 of 2022, under Section 3/25 Arms Act. Further submitted that in the meantime no such activity was done by the petitioner to create any kind of apprehension in the members of the society even though the order for externment was passed by Additional District Magistrate against which he filed appeal before the Commissioner, Moradabad which was admitted and is still pending but the operation of order for externment was not stayed. 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 23.8.2023 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 Additional District Magistrate 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 both the parties, perusal of record and the order passed by the Commissioner at the time of admission of appeal, 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 passed by the Additional District Magistrate for externment and under challenge in appeal shall remain in abeyance during the pendency of appeal. It is also directed that Commissioner, Moradabad shall made his endeavour to decide the appeal of the petitioner as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order. Accordingly, this writ petition is disposed of finally. Order Date :- 8.11.2023 A. Singh High Court of Judicature at Allahabad