Allahabad High Court
SAMIM @ BANTU @ MOTAversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court directed the Commissioner, Agra Division, to decide the pending appeal and any stay application expeditiously and disposed of the writ petition.
Summary
The petitioner, Samim Bantu @ Mota, challenged an externment order dated 06.08.2026 issued under Section 3(3) of the Uttar Pradesh Control of Goondas Act, 1970, which sent him out of Agra district for six months. He filed a writ petition seeking (i) certiorari to quash the externment order, (ii) mandamus directing the Commissioner, Agra Division to decide the statutory appeal filed under Section 6 of the same Act, and (iii) a stay on enforcement of the externment order pending the appeal. The State opposed the petition but did not object to the limited prayer for an expeditious decision of the appeal. The Court, noting the lack of objection to the innocuous prayer, directed the Commissioner to decide the pending appeal and any stay application within four weeks and disposed of the writ petition. No substantive order was made on the merits of the externment order itself.
Issues considered
- Whether the High Court can issue a mandamus directing the Commissioner to decide the pending statutory appeal under Section 6 of the Uttar Pradesh Control of Goondas Act.
- Whether the writ petition seeking quash of the externment order and a stay of its operation can be entertained in the present proceedings.
Legislation cited
- Uttar Pradesh Control of Goondas Act, 1970 — s. 3(3), 6
Subjects
- Externment
- Control of Goondas Act
- Writ Petition
- Certiorari
- Mandamus
- Statutory Appeal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22300 of 2026
Samim @ Bantu @ Mota
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Azhar Hussain, Shaban Ahmad
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioner with the
following main prayers:-
"I. Issue a writ, order or direction in the nature of Certiorari quashing the
impugned Externment Order dated 06.08.2026 passed by the Additional
Police Commissioner/Executive Magistrate, Commissionerate Agra in
Case No. 0042 of 2026 State of U.P. Vs. Samim Bantu @ Mota, under
section 3(3) of Uttar Pradesh Control of Goondas Act, 1970, Police
Station Lohamandi, District-Agra, whereby the petitioner has been
externed from District Agra for a period of six months.
II. Issue a writ, order or direction in the nature of Mandamus directing
the respondent no. 2 i.e. Commissioner, Agra Division, Agra, to consider
and decide the statutory appeal preferred by the petitioner under Section
6 of the Uttar Pradesh Control of Goondas Act, 1970 expeditiously within
a time period to be fixed by this Hon'ble Court.
III. Issue a writ, order or direction in the nature of Mandamus
commanding the respondent authorities not to give effect to or enforce the
impugned Externment Order dated 06.08.2026 passed in Case Crime No.
0042 of 2026 State of U.P. Vs. Samim @ Bantu @ Mota, during the
pendency of the statutory appeal as well as the present writ petition."
2. After some length of argument, learned counsel appearing on behalf of
the petitioner prayed for a direction to the appellate authority to decide the
CRLP No. 22300 of 2026
2
appeal which is pending before respondent no.2 i.e. The Commissioner,
Agra Division, Agra including the stay application, if any, expeditiously.
3. Learned AGA appearing on behalf of the State-respondents vehemently
opposed the instant writ petition but has no objection on innocuous prayer
made by learned counsel appearing on behalf of the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner as well as
learned A.G.A. appearing on behalf of the State-respondents and perused
the material available on record.
5. Taking into consideration the innocuous prayer made by learned
counsel for the petitioner and no objection made by learned A.G.A. for
the State, respondent no.2 i.e. The Commissioner, Agra Division, Agra is
directed to decide the appeal of the petitioner which is pending before him
along with stay application, if any, expeditiously, preferably within a
period of four weeks from the date submission of this order.
6. In view of the above-said directions, the instant writ petition is
disposed off.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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