Allahabad High Court
KISHAN URF KRISHNA MISHRAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court cannot examine the merits of the order while the appeal is pending but may direct the appellate authority to decide the stay application and appeal expeditiously and stay the order pending disposal.
Summary
Kishan Urf Krishna Mishra filed a writ petition under Article 226 seeking a mandamus directing the Commissioner, Gorakhpur Division, to decide a stay application and an appeal filed under Section 6 of the U.P. Control of Goondas Act, 1970, and to stay the order of the District Magistrate that externed him for six months under Sections 3/4 of the same Act. The petitioner alleged that the proceedings were based on false cases. The High Court held that, because the appeal is pending before the Commissioner, it could not entertain the merits of the impugned order but could issue directions to the appellate authority. Accordingly, the Court directed the Commissioner to decide the stay application within one month and the appeal within two months, and stayed the District Magistrate’s order pending disposal. The writ petition was thereafter disposed.
Issues considered
- Whether the High Court can examine the merits of the District Magistrate’s order under Sections 3/4 of the U.P. Control of Goondas Act while an appeal under Section 6 is pending.
- Whether the Court can direct the Commissioner to decide the stay application and the appeal within a specified time.
- Whether the order of externment dated 06.03.2026 should be stayed pending the resolution of the appeal and stay application.
Legislation cited
- U.P. Control of Goondas Act, 1970 — s. 3, 4, 6
Subjects
- Article 226
- writ petition
- mandamus
- stay order
- U.P. Control of Goondas Act
- externalisation
- appellate authority
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10381 of 2026
Kishan Urf Krishna Mishra
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradip Kumar Rai, Vinay Kumar
Jaiswal
Counsel for Respondent(s) : G.A.
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:-
"A. A. issue a writ, order or direction in the nature of mandamus direct
the Commissioner, Gorakhpur Division, Gorakhpur/respondent no. 2 to
decide the stay application dated 09.04.2026 filed in Appeal
No.C202605000000691 (Kishan Urf Krishna Mishra Vs. District
Magistrate, Kushinagar), Under Section 6 of the UP Control of Gunda
Act pending before the Commissioner, Gorakhpur Region,
Gorakhpur/respondent no. 2 within stipulated period as fixed by this
Hon'ble Court.
B. issue, a writ, order or direction in the the nature of mandamus
directing respondents not to give effect to the order dated 06.03.2026
passed by District Magistrate Kushinagar in Case No. 137 of 2022
(Computerized No. D202205440000137) (State Versus Kishan Urf
Krishna Mishra) Under Section 3/4 of U.P. Control of Goondas Act,
during pendency of Appeal No.C202605000000691 (Kishan Urf Krishna
Mishra Vs. District Magistrate, Kushinagar), under SEction 6 of the U.P.
Control of Goonda Act before the respondent no.2/Commissioner,
Gorakhpur Region Gorakhpur."
2. Learned counsel for the petitioner submits that on the basis of four false
cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act,
1970 were initiated against the petitioner by the District Magistrate,
CRLP No. 10381 of 2026
2
Kushinagar, in which by order dated 06.03.2026 passed by the District
Magistrate, Kushinagar, the petitioner has been externed for six months
from the limits of District Kushinagar, which has been challenged by the
petitioner by filing Appeal before the Commissioner, Gorakhpur Region
Gorakhpur but neither the stay application nor the appeal has been
decided as yet. Hence, a direction be issued to the appellate authority for
deciding the stay application and the appeal, expeditiously.
3. I have heard learned counsel for the petitioner and perused the record.
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, Gorakhpur Region
Gorakhpur is directed to decide the stay application in Appeal No
C202605000000691 (Kishan Urf Krishna Mishra Vs. District Magistrate,
Kushinagar), under Section 6 of the 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 06.03.2026 passed by
the District Magistrate, Kushinagar in Case No.137 of 2022 (State Vs.
Kishan Urf Krishna Mishra), under Section 3/4 of U.P. Control of
Goondas Act, 1970, shall remain stayed.
8. Accordingly, the instant writ petition is disposed of.
(Sandeep Jain,J.)
May 6, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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