YOGESHWAR TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners challenging the order dtd. 30/9/2020 passed by District Magistrate, Hapur in Case No.796 of 2019 by which externment order has been passed under Sec. 3/4 of Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as 'Act') against the petitioner no.1 and the order dtd. 30/9/2020 passed by District Magistrate, Hapur in Case No.795 of 2019 by which externment order has been passed against petitioner no.2 as well as order dtd. 21/10/2020 passed by Commissioner, Meerut Division, Meerut in Case No.938 of 2020 by which appeal filed by petitioner no.1 was rejected and order dtd. 21/10/2020 passed by Commissioner, Meerut Division, Meerut in Case No.939 of 2020 by which appeal preferred by petitioner no.2 was rejected.

(2.) The brief facts of the case are that District Magistrate, Hapur had issued notices dtd. 16/10/2019 under Sec. 3/4 of the Act to the petitioner no.1 in Case No.796 of 2019 and to the petitioner no.2 in Case No.795 of 2019, calling upon them to submit their reply as to why the externment order have not been passed against them. The District Magistrate has relied on the report of Incharge Inspector, P.S. Hapur Dehat, District Hapur which was sent on the basis of one criminal case being Case Crime No.42 of 2019, under Ss. 147, 148, 149, 452, 307, 323, 504, 506 I.P.C. The petitioners had appeared before the District Magistrate and filed their objections on 25/11/2019 denying the allegations of show cause notice and it was specifically mentioned that the petitioners having no criminal history except Case Crime No.42 of 2019 which was lodged by one Sri Pankaj Tyagi against the petitioners on false allegations due to election rivalry. It is specifically stated that wife of petitioner no.1 and Bhabhi of petitioner no.2 is the Village Pradhan and only to harass the petitioners, the F.I.R. was lodged altogether with incorrect facts which was registered as Case Crime No.42 of 2019. The police after investigation had submitted the charge-sheet and the trial is pending. It is further submitted that petitioners have already been released on bail in the aforesaid case.

(3.) The petitioners had also filed several certificates issued by village Pradhans of different villages to the effect that petitioners are men of good character and one case has been registered on account of election rivalry against the petitioners and the petitioners are not habitual criminals and they are belonging to a respectful family. The District Magistrate, Hapur vide impugned order dtd. 30/9/2020 had passed the order for externment against the petitioners in Case Nos.796 of 2019 and 795 of 2019 respectfully for the period of six months. The appeals preferred by petitioners before the Commissioner, Meerut Division, Meerut were registered as Case No.938 of 2020 and 939 of 2020 which were also dismissed by the Commissioner, Meerut Division, Meerut vide order dtd. 21/10/2020 and both the orders passed by District Magistrate, Hapur as well as of Commissioner, Meerut Division, Meerut have been challenged by the petitioners by means of the present writ petition.