Sarkar Ali v. State of U.P. Thru. Prin. Secy. Home, Lko and 2 Others

Court No. - 16 Case :- CRIMINAL MISC. WRIT PETITION No. - 3819 of 2024 Petitioner :- Sarkar Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko And 2 Others Counsel for Petitioner :- Laxmi Narayan Gupta Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J.

¶1Heard Shri Laxmi Narayan Gupta, learned counsel for the petitioner, Shri Ashok Kumar Srivastava, learned AGA for the State and perused the record.

¶2This writ petition has been filed with the following main prayer:- "i) To issue a writ order or direction in the nature of Certiorari quashing the impugned judgment/order dated 15.04.2024 passed by opposite party No.2 i.e. Commissioner, Lucknow Division, Lucknow in Case No.1208 of 2024, Computerize Case No.C202410000001208, under Section 6 of U.P. Goonda Control Act, 1970 (Sarkar Ali vs. State of U.P. through District Magistrate, District-Hardoi) as well as judgment/order dated 28.02.2024 passed by opposite party No.3 i.e. District Magistrate, District-Hardoi, in Case No.845 of 3(1) of U.P. Goonda Control Act, 1970 (Sarkar vs. Sarkar) as Annexure No.1 & 2 to this writ petition in the interest of justice."

¶3Learned counsel for the petitioner submits that the notice under Section 3(1) U.P. Control of Goondas Act, 1970 (hereinafter referred to as the 'Act') has been issued to the petitioner for submitting representation/reply, thereafter, the petitioner submitted a detailed representation/reply but the respondent No.3 without considering the submissions made by the petitioner passed the externment order dated 28.02.2024 and petitioner was directed to remain outside the district for a period of six months, being aggrieved against the said order, the petitioner preferred an appeal under Section 6 of the Act before the Commissioner, respondent no.2. The learned Commissioner also without considering the grounds taken by the petitioner in the appeal and without giving opportunity of hearing dismissed the appeal vide order dated 15.04.2024 thereafter, the petitioner by means of the present writ petition challenged both the orders before this Court for quashing the same on the ground that both the orders are bad in the eye of law.

¶4Per contra learned AGA has submitted that the present writ petition has now become infructuous due to reason that at present no cause of action survives in the present writ petition as the externment order passed against the petitioner was only for a period of six months and the appeal against the said order has also been dismissed, so in the present writ petition nothing remains to be decided nor there is any adverse order against the petitioner for which he is aggrieved.

¶5Learned counsel for the petitioner further argued that there is an apprehension in the mind of the petitioner that the respondent authorities may take disadvantage of the impugned orders in future against the petitioner.

¶6I have considered the rival submissions made by the parties and perused the record.

¶7From the perusal of the externment order, it is not disputed that the same has already expired and the appeal filed against the said externment order before the Commissioner, respondent no.2 under section 6 of the Act has also been dismissed and after lapse of so many months, there is no externment order against the petitioner nor any fresh order exists in the present case, which causes any harm to the petitioner. In the present writ petition, nothing remains to be decided on merits as no cause of action survives in the present writ petition at present nor there is any adverse order against the petitioner for which he is prejudiced.

¶8The apprehension of the petitioner that the authorities may take disadvantage of the impugned orders in future against him is also not justified unless he is not involved in any other criminal case. If he is aggrieved by any other order passed by the respondents, he may approach the competent court of law for redressal of his grievances.

¶9With the above observations, the present writ petition is disposed of. Order Date :- 20.9.2024 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench