Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26149 of 2019 Petitioner :- Vinay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Vikram Yadav Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and the learned AGA and have been taken through the material on record.
By means of the present writ petition, the petitioner has filed the present writ petition with a prayer to direct the respondent no. 2 to expedite and dispose of the application for interim relief filed by the petitioner in Appeal No. C201901000002056 (Vinay Kumar Vs. State of U.P. and others), under Section 6 of U.P. Control of Goondas Act, 1970 pending before him within a stipulated period and to direct the respondents not to implement the order dated 20.11.2019 passed by the Additional District Magistrate, Mainpuri.
It is submitted by the learned counsel for the petitioner that against the order of externment passed by the respondent no. 3 dated 20.11.2019 the petitioner has preferred an appeal before the learned Commissioner Agra Division, Agra the respondent no. 2 under Section 6 of U.P. Goondas Act. The appeal has been filed within time but the appeal has yet not been admitted nor any interim order has been passed with result the purpose of filing the appeal would be frustrated.
Per contra learned AGA contended that the externment order dated 20.11.2019 has been passed in public interest. The petitioner is involved in committing the act prejudicial to the public order and is a curse to the society hence the externment order is just and legal to maintain law and order, which does not suffer from any legal or procedural infirmity or perversity.
Having regard to the facts and circumstances of the case, we are of the considered opinion that when alternative remedy is available and the appeal itself is pending before the respondent no. 2, Commissioner, Agra Division, Agra then there is no justifiable reason to interfere on the merits of the case under Article 226 of the Constitution of India. The petitioner is not entitled to any relief. Hence the writ petition sans any merit, accordingly dismissed.
However, without going into the merits of the case, the respondent no. 2, Commissioner, Agra Division, Agra is directed to make an endeavour to decide the Appeal C201901000002056 (Vinay Kumar Vs. State of U.P. and others), under Section 6 of U.P. Control of Goondas Act, 1970, police station Bhogaon, district Mainpuri expeditiously in accordance with law preferably within two months.
It is made clear that for a period of two months, no coercive steps shall be taken against the petitioner pursuant to the aforesaid order of externment passed by the respondent no.3.
Order Date :- 20.12.2019 Shahnawaz