Allahabad High Court
VIJIT TYAGI @ BABBU TYAGI @ BABLUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the Commissioner, Meerut Region, to decide the stay application within one month and the appeal within two months, and disposed of the writ petition.
Summary
Petitioner Vijit Tyagi challenged an order dated 17.07.2026 by the District Magistrate, Hapur, which externed him for six months under Sections 3/4 of the U.P. Control of Goondas Act, 1970, based on eleven pending cases. He filed an appeal (No. 1856 of 2026) under Section 6 of the same Act before the Commissioner, Meerut Region, and also moved a stay application, both of which remained pending. The petitioner sought a writ of mandamus under Article 226 directing the Commissioner to decide the appeal and stay application expeditiously and to stay the operative effect of the externment order. The Court noted that the appeal was pending and declined to examine the merits of the externment order, but directed the Commissioner to decide the stay application within one month and the appeal within two months, and disposed of the writ petition. The order thus sought to ensure speedy adjudication of the pending appeal without interfering with the substantive merits of the original order.
Issues considered
- Whether the High Court can issue a mandamus directing the appellate authority to decide a pending appeal and stay application under the U.P. Control of Goondas Act, 1970.
- Whether the operation of the externment order can be stayed pending the decision of the appeal.
Legislation cited
- U.P. Control of Goondas Act, 1970 — s. 3, 4, 6
Subjects
- Article 226
- mandamus
- U.P. Control of Goondas Act
- externment
- appeal under Section 6
- stay order
- high court jurisdiction
- habitual offender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21864 of 2026
Vijit Tyagi @ Babbu Tyagi @ Bablu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Tripathi
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. The instant writ petition under Article 226 of the Constitution of India has
been filed seeking the following relief:
“I. Issue a writ, order or direction in the nature of mandamus commanding/directing
the respondent no. 2 to conclude Appeal No. 15 of 2026, Vijit Tyagi versus State of
U.P., within a short stipulated period and this Hon’ble Court may graciously be
pleased to stay the effect and operation of the impugned order dated 17.07.2026
passed by the District Magistrate, Hapur, in Case No. 499 of 2025 (Computerized
Case No. D202511730000499), under Sections 3/4 of the U.P. Control of Goondas
Act, 1970, State versus Vijit Tyagi @ Babbu Tyagi @ Bablu, and Criminal Appeal No.
15 of 2026, under Section 6 of the U.P. Control of Goondas Act, 1970, Vijit Tyagi @
Babbu Tyagi @ Bablu versus State of U.P., Police Station Hapur Nagar, District
Hapur, during the pendency of the said appeal before the Commissioner, Meerut
Region, Meerut.”
2. Learned counsel for the petitioner submits that on the basis of eleven
cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act,
1970, were initiated against the petitioner and, by order dated 17.07.2026
passed by the District Magistrate, Hapur, the petitioner has been externed for
a period of six months from the limits of District Hapur. The said order has
been challenged by the petitioner by filing Appeal No. 1856 of 2026
(Computerized Case No. C202611000001856) (Vijit Tyagi @ Babbu Tyagi
@ Bablu versus State of U.P.) under Section 6 of the U.P. Control of
Goondas Act, 1970, before the competent appellate authority, in which a
stay application has also been moved. However, neither the stay application
nor the appeal has yet been decided by the Commissioner, Meerut Region,
Meerut. Learned counsel for the petitioner further submits that, till the
disposal of the appeal, the operation of the impugned order dated 17.07.2026
may be stayed and the appellate authority may further be directed to decide
the appeal expeditiously..
3. Learned A.G.A. submits that, as per the instructions received by him, at
CRLP No. 21864 of 2026
2
present eleven cases are registered against the petitioner, which indicates
that he is a habitual offender.
4. It is apparent that the appeal preferred by the petitioner under Section 6 of
the Act, 1970, is pending before the competent appellate authority. As such,
this Court is not inclined to examine the validity of the impugned order on
merits at this stage.
5. In view of the above, it would be appropriate to direct the appellate
authority to decide the stay application as well as the appeal expeditiously.
6. In view of the foregoing facts and circumstances, the Commissioner,
Meerut Region, Meerut, is directed to decide the stay application in Appeal
No. 1856 of 2026 (Computerized Case No. C202611000001856) (Vijit
Tyagi @ Babbu Tyagi @ Bablu versus State of U.P.), under Section 6 of the
U.P. Control of Goondas Act, 1970, within a period of one month and the
appeal itself within a period of two months from the date of production of a
certified copy of this order.
7. Accordingly, the instant writ petition is disposed of.
(Sandeep Jain,J.)
September 11, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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