Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5564 of 2019 Petitioner :- Dharmendra @ Lala Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ranvijay Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ranvijay Singh, learned counsel for the petitioner and learned AGA for the State of U.P.
The writ petition has been filed for quashing the order dated 31.10.2018 passed by Additional District Magistrate, Gautam Budh Nagar in Case No.D201811270000750 under Section 3/4 U.P. Control of Goondas Act, 1970 (State vs. Dharmendra @ Lala) by which order of externment of the petitioner has been passed and the order of Commissioner, Meerut Division Meerut dated 12.12.2018 passed in Appeal No. 44 of 2018 (Dharmendra @ Lal Vs. State), by which Stay Application of the petitioner filed in the appeal has been rejected.
Under Section 6 of U.P. Control of Goondas Act, 1970, the statutory appeal has been provided from the order of the Collector since stay application has been rejected then virtually the appeal will become infructuous inasmuch as the petitioner may complete the order of externtment during pendency of the appeal. In such circumstances the order dated 12.12.2018 is liable to be quashed. So far as the order of Additional District Magistrate dated 31.10.2018 is concerned, it is already sub judice in the appeal, therefore, this Court does not propose to observe its validity.
In the facts of the case, the writ petition is partly allowed and order of Commissioner, Meerut Division Meerut dated 12.12.2018 is hereby set aside.
The Commissioner is directed to decide the appeal No. 02371 of 2018 (Computerize No. C201811000002371) (Dharmendra @ Lala vs. State of U.P.) under Section 6 of U.P. Control of Goondas Act, 1970 in accordance with law on merit.
Till disposal of the appeal, operation of the order of Additional District Magistrate dated 31.10.2018 passed in Case No.D201811270000750 under Section 3/4 U.P. Control of Goondas Act, 1970 (State vs. Dharmendra @ Lala) shall remain stayed.
Order Date :- 28.2.2019/Ashutosh Pandey