Allahabad High Court
ZUNAID ALAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Since the appeal under Section 6 of the Uttar Pradesh Control of Goondas Act is pending, the High Court will not interfere with the order but stays its operation and directs the Commissioner to decide the appeal within two months.
Summary
Petitioner Zunaid Alam challenged orders that declared him a "goonda" and imposed a six‑month exile under the Uttar Pradesh Control of Goondas Act, 1970. The orders were based on five pending criminal cases against him. He filed a writ petition under Article 226 seeking quash of the orders and a stay of the exile. The High Court held that because an appeal under Section 6 of the Goondas Act was already pending before the Commissioner, it could not interfere with the substantive order. Accordingly, the court stayed the operation of the exile order pending the appeal and directed the Commissioner to decide the appeal within two months. The writ petition was disposed of with this direction.
Issues considered
- Whether the High Court can quash the order declaring the petitioner a goonda and imposing exile while an appeal under Section 6 of the Uttar Pradesh Control of Goondas Act is pending.
- Whether a stay of the exile order is appropriate pending the disposal of the appeal.
- Whether the court may direct the appellate authority to decide the pending appeal expeditiously.
Legislation cited
- Indian Penal Code — s. 115(2), 147, 148, 149, 191(2), 307, 323, 351(3), 352, 452
- Prevention of Cruelty to Animals Act — s. 11(1)(d)
- U.P. Prevention of Cow Slaughter Act — s. 3, 5, 8
- Uttar Pradesh Control of Goondas Act, 1970 — s. 3, 4, 6(1)
Subjects
- Goonda law
- Exile order
- Section 6
- Stay of order
- Article 226
- Writ of certiorari
- Appellate jurisdiction
- Uttar Pradesh Control of Goondas Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10904 of 2026
Zunaid Alam
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar, Mukesh Joshi
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:-
" I. Issue a writ, order or direction in the nature of certiorari to quash the impugned
order dated 22.04.2026 passed by the respondent no.2 in the case no.736 of 2026
(Computerized Case No.C202603000000736) (Zunaid Alam vs. State of UP), under
Section 6 of UP Control of Goondas Act,1970, Police Station-Naubasta, District
Kanpur Nagar and order dated 07.04.2026 passed by the respondent no.3 in case
no.35 of 2026 (State vs. Zunaid Alam) under Section 3/4of UP Control of Goondas
Act, 1970, Police Station-Naubasta, District Kanpur Nagar.
II. Issue a writ, order or direction which this Hon'ble Court may deem fit and proper
under the fact and circumstances of the present case.
III. Award the costs of the writ petition in favour of the petitioner"
2. Learned counsel for the petitioner submits that merely on the basis of five cases i.e.
Case Crime No.358 of 2021, under Sections 147, 148,149,452,352,323,307 I.P.C.,
P.S. Naubasta, District Kanpur Nagar, Case Crime No.199 of 2025, under Sections
115(2),191(2),351(3) B.N.S., P.S. Naubasta, District Kanpur Nagar, Case Crime
No.294 of 2025, under Sections 3,5,8 of U.P. Prevention of Cow Slaughter Act and
325 B.N.S., P.S. Naubasta, District Kanpur Nagar, Case Crime No.406 of 2025 under
Sections 325 B.N.S. and 11(1)(d) Prevention of Cruelty to Animals Act, P.S.
Naubasta, District Kanpur Nagar and Case Crime No.12 of 2025 under Sections
115(2),351(3),352 B.N.S., P.S. Bidhnu, District Kanpur Nagar, proceedings under
Section 3/4 of the U.P. Control of Goondas Act, 1970 were initiated against the
petitioner and by order dated 07.04.2026 passed by the District Magistrate, Kanpur
Nagar, the petitioner has been externed for six months from the limits of District
Kanpur Nagar, which has been challenged by the petitioner by filing Appeal No.736
of 2026(Computerized Case No. C202603000000736) (Zunaid Alam vs. State of
U.P.), under Section 6(1) of U.P. Control of Goondas Act, 1970 before Commissioner,
CRLP No. 10904 of 2026
2
Kanpur Division, Kanpur, in which a stay application has also been moved which was
rejected on 22.04.2026 The appeal, however, has not yet been decided by the appellate
authority. The petitioner seeks a direction from this Court to quash the impugned
orders dated 22.04.2026 and 07.04.2026.
3. Learned A.G.A. submits that as per instructions received by him, at present five
cases are registered against the petitioner, which shows that he is a habitual offender.
4. It is evident that on the basis of five criminal cases, the petitioner has been declared
a "Goonda" by the District Magistrate, Kanpur Nagar, by the impugned order dated
07.04.2026. The petitioner has challenged this order by filing an appeal before the
Commissioner, Kanpur Division, Kanpur, which is still pending for adjudication.
However, the stay application preferred by the petitioner was dismissed by the
impugned order dated 22.04.2026.
5. 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.
6. In view of the above, it is appropriate to direct the appellate authority to decide the
petitioner's appeal expeditiously.
7. Accordingly, this writ petition is disposed of with a direction to the Commissioner,
Kanpur Division, Kanpur, to decide Appeal No. 736 of 2026(Computerized Case No.
C202603000000736, Zunaid Alam vs. State of U.P., 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 07.04.2026 shall remain stayed.
8. Accordingly, the instant writ petition is disposed of.
May 14, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
Checking your session…