HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23854 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief:- " I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.07.2026 passed by the respondent no.3 in Case No.95 of 2026(State Vs. Sonu Tiwari) u/s 3/4 UP Control of Goondas Act,1970 as well as impugned order dated 10.08.2026 passed by Commissioner, Kanpur Division, Kanpur Nagar in Appeal No.1498 of 2026 (Sonu Tiwari Vs. State of UP) (Computerized Case No.C202603000001498) u/s 6 of UP Control of Goondas Act, 1970 whereby they rejected the interim stay application of the petitioner. II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 not to give effect and operation to the impugned order dated 29.07.2026 as well as impugned order dated 10.08.2026." 2. Learned counsel for the petitioner submits that on the basis of three cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner and by order dated 29.07.2026 passed by the respondent no.3 - Joint/Additional Police Commissioner (Headquarters & Crime) / Executive Magistrate, Police Commissionerate, Kanpur Nagar, the petitioner has been externed for six months from the limits of District Kanpur Nagar, which has been challenged by the petitioner by filing Appeal No.1498 of 2026(Computerized Case No. C202603000001498) (Sonu Tiwari vs. State of U.P.), under Section 6 of U.P. Control of Goondas Act, 1970 before Commissioner, Kanpur Versus Counsel for Petitioner(s) : Awadh Bihari Pandey Counsel for Respondent(s) : G.A. Sonu Tiwari .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Division, Kanpur Nagar, in which a stay application has also been moved which was rejected vide order dated 10.08.2026. The appeal, however, has not yet been decided by the appellate authority. The petitioner seeks a direction from this Court to quash the impugned orders dated 29.07.2026 and 10.08.2026. 3. Learned A.G.A. submits that as per instructions received by him, at present three cases are registered against the petitioner, which shows that he is a habitual offender. 4. It is evident that on the basis of three criminal cases, the petitioner has been declared a "Goonda" by the respondent no.3, by the impugned order dated 29.07.2026. The petitioner has challenged this order by filing an appeal before the Commissioner, Kanpur Division, Kanpur Nagar, which is still pending for adjudication. However, the stay application preferred by the petitioner was dismissed by the impugned order dated 10.08.2026. 5. Since the petitioner's appeal is still pending, it is not appropriate for this Court to express any opinion regarding the legality of the impugned orders. 6. In view of the above, it is appropriate to direct the appellate authority to decide the petitioner's appeal expeditiously. 7. Accordingly, this writ petition is disposed of with a direction to the Commissioner, Kanpur Division, Kanpur Nagar, to decide Appeal No.1498 of 2026(Computerized Case No. C202603000001498) (Sonu Tiwari vs. State of U.P.), under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970 within a period of two months from the date of production of the certified copy of this order. Till the disposal of the appeal, the operation and effect of the order dated 29.07.2026 shall remain stayed. 8. Accordingly, the instant writ petition is disposed of. September 30, 2026 Jitendra CRLP No. 23854 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad