Ram Khelawan v. State of U.P Thru. Prin. Secy. Department of Home Affairs and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1138 of 2022 Petitioner :- Ram Khelawan Respondent :- State Of U.P Thru. Prin. Secy. Department Of Home Affairs And Others Counsel for Petitioner :- Pal Singh Yadav,Prathama Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. There is a request for adjournment on behalf of the counsel for the petitioner. Learned A.G.A. has produced before this Court the instructions dated 21.03.2022 sent by Shri Jitendra Raj, the Sub-Inspector of Police Station Ghunghter, District Barabanki, wherein it has been stated that Charge-sheet No.108 of 2021, dated 15.08.2021, under Sections 147, 149, 307, 323, 336, 353, 269, 270, 271 of the I.P.C. and Section 2/3 of Destruction of Public Property Act, has been prepared. This Court has gone through the pleadings on record. The petitioner challenges the Notice dated 11.02.2022 issued by the District Magistrate, Barabanki, in Case No.543, [State Vs. Ram Khelawan] under Section 3 of the U.P. Control of Goondas Act for externment. This Court has perused the Notice which had asked the petitioner to submit his explanation and appear before the District Magistrate, Barabanki, to show cause as to why the Final order of externment under Section 3 (3) of the U.P. Control of Goondas Act, be not passed against him. The date fixed for appearance of the petitioner with his explanation on 24.02.2022 but the petitioner had not replied to such notice and had straightway approached this Court. This Court has perused the order-sheet and finds there is no interim order staying the operation of such Notice. The Final order may have been passed by the District Magistrate, Barabanki. In view of the above, this writ petition has become infructuous and it is dismissed as such. Order Date :- 16.11.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench