Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5117 of 2019 Petitioner :- Rajveer @ Kumbhi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents and perused the record.
The instant petition seeks in the nature of certiorari to quash the order dated 25.11.2017 passed in Computer Case No.D201701105036/ 2017, State of U.P. Vs. Rajveer @ Kumbhi, under Section 3 of U.P. Control of Goondas Act, P.S. Kheragarh, District Agra whereby the order of externment has been passed by the respondent no.3, Additional District Magistrate (Administration), Agra and the order dated 4.4.2018 passed in Appeal No.1770 of 2017, under Section 6 of U.P. Control of Goondas Act, Rajveer @ Kumbhi Vs. State of U.P. whereby the appeal has been rejected by the respondent no.2, Commissioner, Agra Division, Agra.
From the perusal of the record, it transpires that the externment order was passed by the respondent no.3, Additional District Magistrate (Administration), Agra on 25.11.2017 and thereafter the said order was affirmed by the respondent no.2, Commissioner, Agra Division, Agra by order dated 4.4.2018 and now the petition has been filed after lapse of more than 9 months, hence the period of externment has already been completed. The trial is still pending in respect of case crime No.237 of 2016, under Sections 363,366,376 IPC and Section 3/4 P.O.C.S.O.Act, Police Station Kheragarh, District Agra. In this regard no convincing and cogent reason has been put forth by the learned counsel for the petitioner to hold that the proceeding under Goonda Act was bad in the eyes of law and liable to be quashed.
In the light of above, the petition lacks any merit and is accordingly dismissed.
Order Date :- 25.2.2019 M. Tariq