SANJAY JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Sunil Kumar Mishra holding brief of Sri Shriprakash Dwivedi, learned counsel for the petitioner and Sri L.D. Rajbhar, learned A.G.A. for the State of U.P. are present.

(2.) By way of this writ petition the petitioner has prayed to issue a writ, order or direction in the nature of certiorari, call for the record of the case and set aside the order dated 30.04.2016 passed by the learned Additional District Magistrate, Mirzapur in case No. 10/242 of 2012 (State Vs. Sanjay Jaiswal), under Sec. 3 (3) of The Uttar Pradesh Control of Goondas Act, 1970, P.S. Chilh, District Mirzapur, whereby order of externment against the petitioner has been passed and also to set aside the order dated 08.08.2016 passed by the learned Divisional Commissioner, Vindhyachal Division, Mirzapur in appeal No. C2016160000358 of 2016 (Sanjay Jaiswal Vs. State of U.P.), under Sec. 6 of The Uttar Pradesh Control of Goondas Act, 1970, P.S. Chilh, District Mirzapur, whereby the appeal of the petitioner has been dismissed by the learned Divisional Commissioner, Vindhyachal Division, Mirzapur.

(3.) Learned counsel for the petitioner argued that the petitioner has been enlarged on bail in all the cases which are mentioned in the notice dated 19.01.2012 and the petitioner is facing trial in all of these cases. It has also been argued that on the basis of same cases, he has been implicated in The Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986. He further submits that due to political rivalry, he has been falsely implicated. Learned counsel for the petitioner has submitted that no recovery of spurious country made liquor was made from the possession of the petitioner and whatever recovery was found of the country made spurious liquor that was from the possession of one Vicky Jaiswal. Learned counsel for the petitioner has also submitted that the impugned order of the learned Divisional Commissioner, Vindhyachal Division, Mirzapur has been passed in the absence of the petitioner.