HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20232 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Ramesh Chandra Agrahari, learned counsel for the petitioner and learned A.G.A. for the State. 2. Learned counsel for the petitioner submits that the challenge in the present writ petition is the order dated 13.8.2025 passed by respondent no.2 (the Commissioner, Kanpur Division, Kanpur), whereby the stay application of petitioner has been rejected without assigning any reason on merit. He further submits that the opposite party no.3, the District Magistrate, Auraiya has proceeded with the provision of Section 3(1) of the Uttar Pradesh Control of Goondas Act, 1970, without issuing notice to the petitioner and passed the impugned order on 16.05.2025 in Case No.405 of 2025 (State of U.P. Vs. Amarnath). As the proceedings were ex-parte, wherein the notice has not been issued to the petitioner. There was a delay in approaching respondent no.2 in appeal. By the same order, passed by respondent no.2., the delay was condoned, but impugned in order dated 13.08.2025 is that the respondent no.2 refused to grant stay, who has not taken into consideration the fact that there was an altercation in respect to the encroachment of public road in the village, wherein the adversary party has called the police and lodged an F.I.R. in Case Crime No.185 of 2024. Later on, the police in the influence of the adversary party has itself lodged one F.I.R. in Case Crime No.186 of 2024 and a beat report on the same facts, all the action were undertaken by the police on 07.11.2024. The petitioner is aggrieved due to the non consideration of these facts by respondent no.2 in it's order, moved present writ petition. Versus Counsel for Petitioner(s) : Ramesh Chandra Agrahari Counsel for Respondent(s) : G.A. Amarnath .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 3. Learned A.G.A. for the State submits that the respondent no.2 has passed a reasoned order rejecting the stay application of petitioner. 4. This Court has taken into consideration the rival submissions made by the parties and of the view that the respondent no.2 (Commissioner, Kanpur Division, Kanpur) has not applied his mind to fact alleged in the application for stay that the two matters and beat report has it's genesis on the same date, vis. 07.11.2024. The respondent no.2 has also not considered that all the three cases arose out of a single dispute. 5. As such, the order dated 13.08.2025 passed by the respondent no.2 in Appeal No.2545 of 2025, (Amarnath Vs. State of U.P.) under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970, is quashed to the extent it disposed of application of stay. 6. The effect and operation of order dated 16.05.2025 passed by respondent no.3 (District Magistrate, Auraiya) in Case No.405 of 2025, (State of U.P. Vs. Amarnath) passed under Section 3(1) of the Uttar Pradesh Control of Goondas Act, 1970, is stayed till the disposal of application for stay in appeal. 7. The writ petition is, accordingly, disposed of. October 15, 2025 Shivangi CRLP No. 20232 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad