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2025 DAILYLAW 94837 (ALL)

KAIS KHAN v. STATE OF U.P. AND 2 OTHERS

CRLP/20537/2025 · 2025-09-25

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20537 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri A.K. Srivastava, learned counsel for the petitioner and Sri B.P. Singh, learned AGA for the State. 2. The present writ petition has been filed seeking a direction to respondent no.2 i.e. Commissioner, Kanpur Division, Kanpur to decide the appeal No. 2677 of 2025 pending before him expeditiously within a stipulated period. A further prayer has been made to stay the effect and operation of the order dated 28.7.2025 passed by respondent no.3. 3. It is contended by learned counsel for the petitioner that vide the order impugned, learned District Magistrate has passed an order under section 3 (1) of U.P. Control of Goondas Act, 1970 on the basis of six cases against the petitoner which are triable by Magistrate and all the said cases have been lodged by Adil and Taufiq who are neighbours of the petitioner. It is submitted that the applicant does not fall under the purview of 'Goondas' defined in section 2 (b) of the U.P. Control of Goondas Act. Learned counsel has placed reliance on the judgment of the Division Bench of this Court in the case of Govardhan vs. State of U.P. 2023 0 AHC 169934. 4. It is submitted that statutory appeal has been preferred before learned Divisional Commissioner, Kanpur against the said order which is still pending. Therefore, it is submitted that a direction be issued to the Divisional Commissioner, Kanpur to decide the appeal preferred by the petitioner expeditiously. 5. Learned AGA has no objection to the above submissions. Versus Counsel for Petitioner(s) : Arvind Kumar Counsel for Respondent(s) : G.A. Kais Khan .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. In view of the above, learned Commissioner, Kanpur Division, Kanpur is directed to decide the appeal preferred by the petitioner expeditiously preferably, within a period of two months from the date of production of certified copy of this order. 7. Till disposal of the said appeal, the effect and operation of the externment order dated 28.7.2025 shall be kept in abeyance. 8. Writ petition stands disposed of. September 26, 2025 Madhurima CRLP No. 20537 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad