Allahabad High Court
TEJVEER @ VISHNUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The order of externment dated 15.5.2026 is stayed pending the decision on the stay application.
Summary
Petitioner Tejveer @ Vishnu was externed from the boundaries of Mathura district for six months under Section 3(1) of the U.P. Control of Goondas Act, 1970. He filed an appeal and a stay application before the Divisional Commissioner, Agra Division, challenging the externment order. The appeal was admitted but the stay application remained pending. The High Court directed the Divisional Commissioner to decide the stay application within three weeks and stayed the operation of the externment order until such decision. Consequently, the writ petition was disposed.
Issues considered
- The legality of the externment order issued under Section 3(1) of the U.P. Control of Goondas Act, 1970
- The appropriateness of staying the order pending determination of the stay application
Legislation cited
- U.P. Control of Goondas Act, 1970 — s. 3(1)
Subjects
- Goonda Act
- externment
- stay of order
- criminal miscellaneous writ petition
- district magistrate
- appeal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 17059 of 2026
Tejveer @ Vishnu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajeev Kumar Srivastava, Saagar
Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioner, learned AGA for the State and
perused the record.
2. Learned counsel for the petitioner has submitted that pursuant to the
notice dated 06.01.2026 issued by the District Magistrate, Mathura in Case
No. 47 of 2026, under Section 3(1) of U.P. Control of Goondas Act, 1970,
P.S. Jait, District- Mathura, the petitioner had tendered his reply dated
28.01.2026.
3. Upon consideration of the said reply, respondent no.3- District Magistrate,
Mathura passed an order dated 15.5.2026 externing the petitioner from the
boundaries of District- Mathura for a period of six months.
4. Being aggrieved and dissatisfied by the aforesaid order dated 15.5.2026,
the petitioner has preferred an appeal alongwith stay application before the
Divisional Commissioner, Agra Division, Agra.
5. Learned counsel for the petitioner has next submitted that though the
aforesaid appeal has been admitted but the stay application has not yet been
disposed of and is still pending consideration.
6. In view thereof, Divisional Commissioner, Agra Division, Agra is
directed to decide the aforesaid stay application preferably within a period of
three weeks.
7. Till the disposal of the aforesaid stay application, the operation and effect
CRLP No. 17059 of 2026
2
of the impugned order dated 15.5.2026 passed by the District Magistrate,
Mathura in Case No. 47 of 2026, under Section 3(1) of U.P. Control of
Goondas Act, 1970, P.S. Jait, District- Mathura shall remain stayed.
8. With the aforesaid observations, the writ petition stands disposed of.
September 14, 2026
KU
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad
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