DEEPAK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought the following prayers:

(2.) HEARD learned counsel for the petitioner and learned A.G.A. for the State.

(3.) BRIEF facts for deciding this petition are that an FIR had been lodged against the petitioner in Case Crime No.172 of 2013, under Sections 353, 186, 504, 506 IPC, Section 7 of Criminal Law (Amendment) Act and Section 3 of Prevention of Damage to Public Property Act, 1984, Police Station Haidergarh, District Barabanki. On the basis of the aforesaid FIR, a notice under Section 3 of U.P. Control of Goondas Act (hereinafter referred to as the 'Goonda Act') was issued by the District Magistrate, Barabanki against the petitioner. The petitioner filed reply against the notice denying all the allegations made in the notice under Section 3 of Goonda Act. The District Magistrate after considering the reply submitted by the petitioner passed an order on 28.01.2015 externing the petitioner for a period six months. Against the order dated 28.01.2015, the petitioner filed appeal under Section 6 of Goonda Act before learned Commissioner, Faizabad Division, Faizabad along with an application for interim relief. The learned Commissioner vide order dated 12.02.2015 admitted the appeal without passing any order on the interim application. Aggrieved by the order dated 12.02.2015 and 28.01.2015, the present writ petition has been filed by the petitioner.