Allahabad High Court
Rizwan vs State Of Up And 2 Others on 4 July, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:108525 Court No. - 85 Case :- CRIMINAL MISC. WRIT PETITION No. - 8403 of 2024 Petitioner :- Rizwan Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A. Hon'ble Shiv Shanker Prasad,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. By means of this writ petition, the petitioner has challenged an order passed by the Additional District Magistrate, Sambhal (Finance & Revenue), Sambhal, under section 3/4 of U.P. Control of Goondas Act, 1970, passed on 28.03.2024.
3. It is submitted by learned counsel for the petitioner that notice in this case has been issued against him on the basis of five cases i.e. (i) Case Crime No. 492 of 2022, under Section 307 I.P.C., Police Station Nakhasa, District Sambhal, (ii) Case Crime No. 528 of 2022, under Sections 147, 148, 332, 353, 307 I.P.C. and Section 7 of Criminal Law Act, Police Station Nakhasa, District Sambhal, (iii) Case Crime No. 393 of 2020, under Section 13 of Gambling Act, Police Station Asmoli, District Sambhal, (iv) Case Crime No. 178 of 2020, under Sections 147, 148, 149, 323, 504, 506 I.P.C., Police Station Nakhasa, District Sambhal, (v) Case Crime No. 282 of 2020, under Section 13 of Gambling Act, Police Station Nakhasa, District Sambhal and two beats information, (i) beat information rapat no. 54 dated 07.08.2023, (ii) enquiry beat no. 82 dated 07.08.2023. The petitioner has been falsely named therein out of enmity. It is further submitted that petitioner has been enlarged on bail in the aforesaid case crimes. It is next submitted that the court of Additional District Magistrate, Sambhal (Finance & Revenue), Sambhal passed order which is devoid of substance. By this order he has been declared goonda and has been externed for a period of six months. It is further submitted that there has been no material before the Additional District Magistrate to arrive on the satisfaction that he was habitual offender and that his movements and activities were spreading fear in the people of the locality or were calculated to cause alarm or harm. It is further submitted that externment order was passed on 28.03.2024 and appeal along with stay application is pending since 12.04.2024 before the respondent no. 2. If the same is not decided expeditiously within a stipulated period, the purpose of filing appeal shall be nullified, as the period of completion of the externment is approaching fast.
4. Learned A.G.A. has no objection in case appellate court is directed to decide the appeal within stipulated period.
5. In view of above, the court concerned is directed to expedite the hearing and decide the aforesaid appeal preferably, within a period of three months from the date of production of certified copy of the instant order without granting any unnecessary adjournment.
6. Till the disposal of the appeal, the operation of the impugned order dated 28.03.2024 passed by the Additional District Magistrate, Sambhal (Finance & Revenue), Sambhal, shall remain suspended subject to conditions as below:
(i) The petitioner shall notify his movements and report his presence in the concerned police station in the first week of every month during the period operation of the impugned order remains suspended.
(ii) The petitioner shall sincerely cooperate in hearing of the appeal and in case, he causes any deliberate delay in the hearing or adopts any delaying tactics, the order of suspension of externment order shall be open for revocation by the appellate court concerned.
(iii) The appellate court, before passing an order of revocation of this order, shall afford an appropriate opportunity of hearing to the appellant.
7. The petitioner shall appear before the appellate court in person or through counsel within 15 days from today.
8. Accordingly, this writ petition is finally disposed of.
Order Date :- 4.7.2024 SK Srivastava