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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10179 of 2026 Court No. - 53 HON'BLE SANDEEP JAIN, J. The instant writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 23.03.2026 passed by respondent no.2 rejecting stay application in Appeal/Case No.377 of 2026 (Anand Kumar Vs. District Magistrate, Auraiya) under Section 6 UP. Control of Goondas Act, 1970 (Annexure no.1 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus staying the effect and operation of the order dated 10.02.2026 passed by respondent no.3 till the disposal of Appeal/Case No.377 of 2026 "Computerized Case No. C202603000000377" (Anand Kumar Vs. District Magistrate, Auraiya)."
Learned counsel for the petitioner submits that only on the basis of two criminal cases, proceedings under Section 3(1) of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner. By order dated 10.02.2026 passed by the District Magistrate, Auraiya, the petitioner was externed for six months from the limits of District Auraiya. Against this
order, the petitioner filed an appeal before the Commissioner, Kanpur Division, Kanpur, in which a stay application was also moved but was rejected on 23.03.2026. The appeal, however, has not yet been decided by the appellate authority. The petitioner seeks a direction for the appellate authority to decide the appeal expeditiously and for a stay of the implementation of the impugned order dated 10.02.2026 in the meantime. I have heard the learned counsel for the petitioner and perused the record. It is evident that merely on the basis of two criminal cases, the petitioner has Versus Counsel for Petitioner(s) : Agnivesh, Jadu Nandan Yadav Counsel for Respondent(s) : G.A. Anand Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
been declared a "Goonda" by the District Magistrate, Auraiya, by the impugned order dated 10.02.2026. The petitioner has challenged this order by filing an appeal before the Commissioner, Kanpur Division, Kanpur, which is still pending adjudication. The stay application preferred by the petitioner was dismissed by the impugned order dated 23.03.2026. 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. In view of the above, it is appropriate to direct the appellate authority to decide the petitioner's appeal expeditiously. Accordingly, this writ petition is disposed of with a direction to the Commissioner, Kanpur Division, Kanpur, to decide Appeal No. 377 of 2026 (Computerized Case No. C202603000000377, Anand Kumar vs. District Magistrate, Auraiya, 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 10.02.2026 shall remain stayed. May 5, 2026 Mayank CRLP No. 10179 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad