Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3529 of 2021 Petitioner :- Umesh Chandra Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Somdev Dixit,Arvind Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari to quash the externment order dated 07.04.2021 passed by District Magistrate, Auraiya, i.e. respondent no.3 in Case No.0031 of 2021 computer case no.D202103050000031, U/S 3 U.P. Control of Goondas Act, P/S Ajitmal district Auraiya, by which the petitioner has been externed from the limits of District Auraiya. Further prayer is that to issue a mandamus directing respondent not to arrest the petitioner in pursuance of order dated 07.04.2021 in Case No.0031 of 20021 computer Case No.D202103050000031, U/S 3 U.P. Control of Goondas Act, P/S Ajitmal district Auraiya during the pendency of appeal no.NIL of 2021 pending before respondent no.2 U/S 6 U.P. Control of Goondas Act. No relief as prayed for can be granted in view of the fact that the order can not be quashed at this stage in the light of State of Telangana Vs. Habib Abdullah Jeelani and others, (2017) 2 SCC, 779 except the appeal which is preferred by the petitioner shall be decided as expeditiously as possible not later than 31.8.2021, if possible by giving video linkage to the petitioner or his Advocate.
With these observations, the writ petition is dismissed at this stage.
Order Date :- 10.5.2021 R./ Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.15 16:43:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.15 16:45:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad