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2026 DAILYLAW 167 (ALL)

MAHENDRA SINGH v. STATE OF U.P. AND 4 OTHERS

CRLP/3369/2026 · 2026-02-12

Ajay Bhanot, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 3369 of 2026 Court No. - 49 HON'BLE AJAY BHANOT, J. HON'BLE TARUN SAXENA, J. The petitioner has sought for following reliefs:- "(i) Issue a writ order or direction in the nature of certiorari to quash the impugned proceedings as well as impugned order dated 13.01.2026 passed by respondent no. 3 against the petitioner in Case No. 1489 of 2025, under Section 3(1) Uttar Pradesh Control of Goondas Act, 1970, Police Station Dakor at Orai, district Jalaun as Annexure No. 9 to this Writ Petition. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing to the concerned respondents not to arrest or harass the petitioner in pursuance of the impugned proceedings as well as impugned order dated 13.01.2026 passed by respondent no. 3 against the petitioner in Case No. 1489 of 2025, under Section 3(1) Uttar Pradesh Control of Goondas Act, 1970, Police Station Dakor at Orai, district Jalaun." The petitioner carried the order dated 13.01.2026 passed by the passed by respondent no. 3 under Section 3(1) of Uttar Pradesh Control of Goondas Act, 1970, in appeal. The memo of appeal was accompanied by a stay application. Sri Rakesh Kumar Gupta, learned counsel assisted by Ms. Vishpa, learned counsel for the petitioner submits that the application for interim relief has not been decided till date. In case the stay application is not decided the purpose of appeal Versus Counsel for Petitioner(s) : Rakesh Kumar Gupta, Vishpa Counsel for Respondent(s) : G.A. Mahendra Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) will become infructuous. The aforesaid submissions could not be satisfactorily disputed by the learned A.G.A. from the records available with him. In the facts of this case, we find that further delay in deciding the stay application could well render the cause of appeal infructuous. In this wake, interest of justice will be served by issuing the following directions:- (i) The appeal shall be decided preferably within a period of four months. (ii) Till the pendency of the aforesaid application for interim relief the impugned order dated 13.01.2026 passed by respondent no. 3 against the petitioner in Case No. 1489 of 2025, under Section 3(1) Uttar Pradesh Control of Goondas Act, 1970, Police Station Dakor at Orai, district Jalaun shall remain stayed. It is clarified that the aforesaid observations made in this order shall not influence the decision of the appeal on merits. The writ petition is disposed of with the above directions. February 13, 2026 Dhananjai CRLP No. 3369 of 2026 2 (Tarun Saxena,J.) (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad