RAKESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this petition is made to the order dtd. 8/11/2023, passed in Appeal No.3 (23-24), Rakesh Kumar Gupta vs. State, by the court of Commissioner, Kumaon Mandal, Nainital ('the appeal').

(2.) Heard learned counsel for the parties and perused the record.

(3.) The proceedings under Sec. 3 of The U.P. Control of Goondas Act, 1970 ('the Act') were initiated against the petitioner, which is basis of the Case No.100 of 2022, State vs. Rakesh Gupta in the court of the District Magistrate, Nainital ('the case'). The notices were issued to the petitioner in the case. He appeared along with the counsel, but he did not file any objections to the proceedings. It is, therefore, on 17/10/2023, an order of externment under Sec. 3 of the Act has been passed against the petitioner, directing him to remove himself outside from the District Nainital for six months. The order dtd. 17/10/2023, passed in the case has been challenged by the petitioner in the appeal. In the appeal the petitioner also filed an application for stay of the operation of the order dtd. 17/10/2023, passed in the case. By the impugned order dtd. 8/11/2023, an application for stay has been rejected and the appeal is listed for hearing on 6/12/2023. It is impugned herein.