Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10529 of 2018 Petitioner :- Ashraf Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioner and Sri Vishwajyoti Sahai, learned A.G.A. along with Sri Avanish Shukla on behalf of the State.
This is a writ petition filed under Article 226 of the Constitution of India seeking to challenge an order dated 12.03.2018 passed by the Commissioner, Saharanpur Division, Saharanpur, under Section 6 of the U.P. Control of Goondas Act (hereinafter referred to as the 'Act') dismissing the Appeal No.00204 of 2018 and affirming the order dated 22.01.2018 passed by the Additional District Magistrate (Administration), Muzaffar Nagar under Section 3(1) of the Act ordering externment of the petitioner for a period of six months.
The submission of the learned counsel for the petitioner is that the orders have been passed by the authorities below on irrelevant considerations in view of the fact that the petitioner does not fall in the definition of Goonda within the meaning of Section 2(b) of the Act. It is submitted that so far as Case Crime No.531 of 2016 and Case Crime No.249 of 2017 are concerned, trial is pending and no relevant offence under the Act has been committed by the petitioner. The authorities below without application of mind have passed the orders impugned.
The matter requires consideration. Issue notice.
The learned A.G.A. accepts notice on behalf of the respondents nos.1 to 4. He prays for and is granted six weeks' time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit.
List on 3rd July, 2018.
Till the next date of listing, operation of the impugned order dated 12.03.2018 passed by the Commissioner, Saharanpur Division, Saharanpur in Case no.00204 of 2018, under Section 6 of the Act and the impugned order dated 22.01.2018 passed by the Additional District Magistrate (Administration), Muzaffar Nagar in Case No.1939 of 2017, State Vs. Ashraf, under Section 3(1) of the Act, Police Station Meerapur, District Muzaffar Nagar shall remain suspended.
Order Date :- 25.4.2018 Anoop