Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 869 (ALL)

MOHD. IRSHAD v. STATE OF U.P. AND 2 OTHERS

CRLP/8404/2026 · 2026-04-19

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 8404 of 2026 Court No. - 53 HON'BLE SANDEEP JAIN, J. Heard learned counsel for the petitioner and learned AGA for the State. Learned counsel for the petitioner submits that an externment order was passed by the Additional District Magistrate, Firozabad, on 29.12.2025 under Sections 3(3)(1) read with Section 4 of the Uttar Pradesh Control of Goondas Act, 1970, which has been challenged by the petitioner by filing appeal before the Commissioner, Agra Division, which is Case No.187 of 2026 (Mohd. Irshad vs. State), under Section 6 of the above Act of 1970, in which an interim stay application was moved for staying the implementation of the impugned order dated 29.12.2025, which has been illegally rejected by the Commissioner. I have heard the learned counsel for the petitioner and perused the record. It is evident that the appeal under Section 6 of the Act, 1970, is still pending before the Commissioner and has not been finally decided on merits. Therefore, this Court cannot examine the legality of the impugned order dated 29.12.2025 at this stage. In view of the above, the writ petition is disposed of with a direction that the Commissioner, Agra Division, before whom the said appeal is pending, shall make every effort to decide the appeal on its merits within three months from the date a certified copy of this order is produced. Until the appeal is decided, the externment order dated 29.12.2025 passed by the Additional District Magistrate, Firozabad, in Case No. 187 of 2026 (Mohd. Irshad vs. State), shall remain stayed. April 20, 2026 Mayank Versus Counsel for Petitioner(s) : Akhilendra Yadav, Aniruddha Kumar Dwivedi Counsel for Respondent(s) : G.A. (Sandeep Jain,J.) Mohd. Irshad .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad