HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17790 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. By means of this petition, the petitioner has prayed for direction in the nature of certiorari quashing the impugned order dated 16.07.2025 passed by the respondent no.2 in Case No. 2228 of 2025 (Abhishek Sharma @ Yuv Vs. Stateof UP and others) under section 6 of the U.P. Control of Goondas Act whereby the stay application has been rejected by the learned appellate court. Further prayer is made for issuance of writ in the nature of mandamus to stay the effect and operation of the externment order dated 10.06.2025 passed by the respondent no.3 during the pendency of the appeal. 3. It is submitted by learned counsel for the petitioner that notice in this case has been issued against him on the basis of two cases i.e. case crime no. 425 of 2024, under Sections 126(2), 115(2), 352, 351(3), 308(2), 308(5) BNS 2023 Police Station - Barra, District - Kanpur Nagar and Cse Crime NO. 320 of 2024 under Sections 323, 447, 452, 504, 506 IPC & 3(@) 5 A SC/ ST Act. The petitioner has been falsely named therein out of enmity. It is also submitted that apart from the aforesaid cases one beat information bearing No. 82 dated 26.03.2025 has been lodged against the petitioner. It is further submitted that the Police Commissioner/ Additional Police Commissioner, Kanpur Division, Kanpur passed an order which was devoid of substance declaring him a goonda and at the same exernment order has been passed against him for six months. It is further submitted that there was no material arrive at the satisfaction that he was habitual offender and that his movements and activities were spreading fear in the people of the locality. It is further contended that appellate court, without any discussion Versus Counsel for Petitioner(s) : Ram Tiwari Counsel for Respondent(s) : G.A. Abhishek Sharma @ Yuva .....Petitioner(s) State Of U.P And 3 Others .....Respondent(s) passed a cryptic order declining stay on the order of externment. It is further submitted that externment order was passed on 10.06.2025. If the appeal is not decided expeditiously, within a stipulated period, the purpose of filing appeal shall be nullified, as the period of completion of the externment is approaching fast. 4. Learned A.G.A. has no objection in case appellate court is directed to decide the appeal within stipulated period. 5. In view of above, the court concerned is directed to expedite the hearing and decide the aforesaid appeal preferably, within a period of three months from the date of production of certified copy of the instant order without granting any unnecessary adjournment. 6. Till the disposal of the appeal, the operation of the impugned order dated 10.06.2025, shall remain suspended subject to conditions as below: (i) The petitioner shall notify his movements and report his presence in the concerned police station regularly during the period operation of the impugned order remains suspended. (ii) The petitioner shall sincerely cooperate in hearing of the appeal and in case, he causes any deliberate delay in the hearing or adopts any delaying tactics, the order of suspension of externment order shall be open for revocation by the appellate court concerned. (iii) The appellate court, before passing an order of revocation of this order, shall afford an appropriate opportunity of hearing to the appellant. 7. The petitioner shall appear before the appellate court in person or through counsel within 15 days from today. 8. Accordingly, this writ petition is finally disposed of. September 18, 2025 Ravi/- CRLP No. 17790 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad