State of U.P. v. Chandra Shekhar Shukla, (SC)
BS155827
SUPREME COURT OF INDIA
Before:- G.B. Pattanaik, C.J.I. and U.C. Banerjee, JJ.
Crl. Appeal No. 316 of 2000 (arising out of SLP (Cri) No. 2766 of 1999). D/d.
31.3.2000.
State of U.P. - Appellant
Versus
Chandra Shekhar Shukla - Respondent
Uttar Pradesh Control of Goondas Act, 1971, Section 3 - Control of Goondas - Externment of Goonda - Show cause notice for - In writ petition against the notice High Court granting interim stay of further proceedings mechanically without application of mind - Order of High Court held improper.
[Para 2]
ORDER
Leave granted.
2. Though this appeal is against an interim order passed by the High Court of Allahabad, but in view of the nature of the order passed we have no other option than to interfere with the said order which normally we would not do. On a notice being issued to the respondent to show cause under the provisions of Section 3 of the U. P. Control of Gundas Act, 1971, a writ petition was filed and the High Court, by the impugned order, without application of mind, mechanically has passed order of interim stay of the further proceedings. We see no justification for the High Court to pass such interim order at this stage. This appears to us to be a total non-application of mind by the High Court while passing the interim order. We, therefore, set aside the impugned order of stay granted by the High Court and allow this appeal accordingly.
Appeal allowed.