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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23105 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 mandamus directing the respondent no. 2, Commissioner, Meerut Division, Meerut, to decide Appeal No. 2210/2026 (Pratham Sharma vs. the State of U.P.), under Section 6 of the U.P. Control of Goondas Act, 1970, pending in the Court of Commissioner, Meerut Division, Meerut, as expeditiously as possible. II. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 not to take any coercive action against the petitioner in pursuance of externment order dated 29.08.2026 passed by respondent no.3, Additional District Magistrate (City), Meerut, in Case No.460/2026 (State of U.P. vs. Pratham Sharma) under Section 3/4 of the U.P. Control of Goondas Act, 1970, during the pendency of the Appeal Number 2210/2026 (Pratham Sharma vs. the State of U.P.) under Section 6 of the U.P. Control of Goondas Act, 1970, pending in the Court of Commissioner, Meerut Division, Meerut."
2. Learned counsel for the petitioner submits that on the basis of four cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner and by order dated 29.08.2026 passed by the Additional District Magistrate (City), Meerut, the petitioner has been externed for six months from the limits of District Meerut, which has been challenged by the petitioner by filing Appeal No.2210 of 2026 (Pratham Sharma vs. State of U.P.), under Section 6 of U.P. Control of Goondas Act, 1970, in which a stay application has also been moved Versus Counsel for Petitioner(s) : Pradhumn Kumar Pandey Counsel for Respondent(s) :
Pratham Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
but neither the stay application nor the appeal has been decided by the Commissioner, Meerut Division, Meerut. Learned counsel for the petitioner further submits that till the disposal of the appeal, operation of the impugned order dated 29.08.2026 may be stayed and a further direction may be issued to the appellate authority to decide the appeal/stay application expeditiously. 3.
Learned A.G.A. submits that as per instructions received by him, at present four cases are registered against the petitioner, which shows that he is a habitual offender. 4. It is apparent that since the appeal preferred by the petitioner under Section 6 of the Act, 1970, is pending before the competent authority, as such, this Court cannot examine the impugned order on merits. 5. In view of this, it would be appropriate that a direction be given to the appellate authority to decide the appeal as well as stay application expeditiously. 6. In view of the above facts, the Commissioner, Meerut Division, Meerut is directed to decide the stay application in Appeal No.2210 of 2026 (Pratham Sharma vs. State of U.P.), under Section 6 of U.P. Control of Goondas Act, 1970, within a period of one month and the appeal within a period of two months from the date of production of certified copy of this order. 7. Till the disposal of the stay application or the appeal, whichever is earlier, the operation of the impugned order dated 29.08.2026 passed by the Additional District Magistrate (City), Meerut in Case No.460 of 2026 (Computerized Case No.D202611520000460), State vs. Pratham Sharma, under section 3/4 of U.P. Control of Goondas Act, 1970, shall remain stayed. 8. Accordingly, the instant writ petition is disposed of. September 23, 2026 Mayank CRLP No. 23105 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad