Ravishankar @ Ravi v. State of U.P. and 3 Others

Court No. - 80 Case :- CRIMINAL MISC. WRIT PETITION No. - 18181 of 2023 Petitioner :- Ravishankar @ Ravi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Kushwaha,Abhishek Mishra 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 prayers :- I-To issue a writ, order or direction in the nature of Mandamus directing to the respondent no.2 to decide Appeal No.1117 of 2023 (Computer Case No.C20230600001117) (Ravishankar vs. State of U.P.) u/s 6 U.P. Control of Goondas Act pending against the order dated 27.10.2023 passed by District Magistrate, Jalaun in Case No.1260 of 2023 (Computer Case No.D202306350001260) (State vs. Ravi) u/s 3(1) U.P. Control of Gundas Act, 1970 expeditiously within stipulated time period as this Hon'ble Court may deem fit and proper as per facts and circumstances of the case. II-To issue a writ, order or direction in the nature of Mandamus directing to the respondent authorities to not take any coercive action against the petitioner and permit to the petitioner to entering in District Jalaun till the disposal Appeal otherwise the petitioner shall suffer irreparable loss and injury. It is submitted by learned counsel for the petitioner that an order for externment under Section 3(1) U.P. Control of Goondas Act, 1970 was passed by the District Magistrate, Jalaun in Case No.1260 of 2023 vide order dated 27.10.2023 on the basis of report dated 04.08.2023 against which an appeal was filed before the Commissioner, Jhansi Division, Jhansi 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 27.10.2023 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 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 no order for staying the implementation of externment was passed which cannot be said to be lawful. As a result, it is directed that the order dated 27.10.2023 passed by the District Magistrate, Jalaun for externment and under challenge in appeal shall remain in abeyance during the pendency of appeal. It is also directed that Commissioner, Jhansi Division, Jhansi shall make 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 :- 23.11.2023 Ashok Gupta High Court of Judicature at Allahabad