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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10904 of 2026 Court No. - 53 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 to quash the impugned order dated 22.04.2026 passed by the respondent no.2 in the case no.736 of 2026 (Computerized Case No.C202603000000736) (Zunaid Alam vs. State of UP), under Section 6 of UP Control of Goondas Act,1970, Police Station-Naubasta, District Kanpur Nagar and order dated 07.04.2026 passed by the respondent no.3 in case no.35 of 2026 (State vs. Zunaid Alam) under Section 3/4of UP Control of Goondas Act, 1970, Police Station-Naubasta, District Kanpur Nagar. II. Issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the fact and circumstances of the present case. III. Award the costs of the writ petition in favour of the petitioner"
2.
Learned counsel for the petitioner submits that merely on the basis of five cases i.e. Case Crime No.358 of 2021, under Sections 147, 148,149,452,352,323,307 I.P.C., P.S. Naubasta, District Kanpur Nagar, Case Crime No.199 of 2025, under Sections 115(2),191(2),351(3) B.N.S., P.S. Naubasta, District Kanpur Nagar, Case Crime No.294 of 2025, under Sections 3,5,8 of U.P. Prevention of Cow Slaughter Act and 325 B.N.S., P.S. Naubasta, District Kanpur Nagar, Case Crime No.406 of 2025 under Sections 325 B.N.S. and 11(1)(d) Prevention of Cruelty to Animals Act, P.S. Naubasta, District Kanpur Nagar and Case Crime No.12 of 2025 under Sections 115(2),351(3),352 B.N.S., P.S. Bidhnu, District Kanpur Nagar, proceedings under Section 3/4 of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner and by order dated 07.04.2026 passed by the District Magistrate, 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.736 of 2026(Computerized Case No. C202603000000736) (Zunaid Alam vs. State of U.P.), under Section 6(1) of U.P. Control of Goondas Act, 1970 before Commissioner, Versus Counsel for Petitioner(s) : Anil Kumar, Mukesh Joshi Counsel for Respondent(s) : G.A. Zunaid Alam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Kanpur Division, Kanpur, in which a stay application has also been moved which was rejected on 22.04.2026 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 22.04.2026 and 07.04.2026. 3. Learned A.G.A. submits that as per instructions received by him, at present five cases are registered against the petitioner, which shows that he is a habitual offender. 4. It is evident that on the basis of five criminal cases, the petitioner has been declared a "Goonda" by the District Magistrate, Kanpur Nagar, by the impugned order dated
07.04.2026. The petitioner has challenged this order by filing an appeal before the Commissioner, Kanpur Division, Kanpur, which is still pending for adjudication. However, the stay application preferred by the petitioner was dismissed by the impugned order dated 22.04.2026. 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 order. 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, to decide Appeal No. 736 of 2026(Computerized Case No. C202603000000736, Zunaid Alam 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 07.04.2026 shall remain stayed. 8. Accordingly, the instant writ petition is disposed of. May 14, 2026 Jitendra CRLP No. 10904 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad