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2026 DAILYLAW 7333 (ALL)

SAMIM @ BANTU @ MOTA v. STATE OF U.P. AND 4 OTHERS

CRLP/22300/2026 · 2026-09-15

Mayur Jain Jt Registrar J Listing, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22300 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed by the petitioner with the following main prayers:- "I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned Externment Order dated 06.08.2026 passed by the Additional Police Commissioner/Executive Magistrate, Commissionerate Agra in Case No. 0042 of 2026 State of U.P. Vs. Samim Bantu @ Mota, under section 3(3) of Uttar Pradesh Control of Goondas Act, 1970, Police Station Lohamandi, District-Agra, whereby the petitioner has been externed from District Agra for a period of six months. II. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 i.e. Commissioner, Agra Division, Agra, to consider and decide the statutory appeal preferred by the petitioner under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970 expeditiously within a time period to be fixed by this Hon'ble Court. III. Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities not to give effect to or enforce the impugned Externment Order dated 06.08.2026 passed in Case Crime No. 0042 of 2026 State of U.P. Vs. Samim @ Bantu @ Mota, during the pendency of the statutory appeal as well as the present writ petition." 2. After some length of argument, learned counsel appearing on behalf of the petitioner prayed for a direction to the appellate authority to decide the Versus Counsel for Petitioner(s) : Azhar Hussain, Shaban Ahmad Counsel for Respondent(s) : G.A. Samim @ Bantu @ Mota .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) appeal which is pending before respondent no.2 i.e. The Commissioner, Agra Division, Agra including the stay application, if any, expeditiously. 3. Learned AGA appearing on behalf of the State-respondents vehemently opposed the instant writ petition but has no objection on innocuous prayer made by learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner as well as learned A.G.A. appearing on behalf of the State-respondents and perused the material available on record. 5. Taking into consideration the innocuous prayer made by learned counsel for the petitioner and no objection made by learned A.G.A. for the State, respondent no.2 i.e. The Commissioner, Agra Division, Agra is directed to decide the appeal of the petitioner which is pending before him along with stay application, if any, expeditiously, preferably within a period of four weeks from the date submission of this order. 6. In view of the above-said directions, the instant writ petition is disposed off. September 16, 2026 Atul CRLP No. 22300 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad