Allahabad High Court
HAJI NASEEMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court stayed the order dated 09-07-2026 and directed the appellate authority to decide the appeal within three months.
Summary
The petitioner, Haji Naseem, filed a criminal miscellaneous writ petition challenging an order dated 09-07-2026 passed under Section 3 of the U.P. Control of Goondas Act by the Additional Commissioner of Police, Agra. The petitioner alleged that both the appeal against that order and a stay application filed with the appellate authority remained undecided, rendering the appeal ineffective. The Court noted the procedural lapse and, invoking principles of justice, directed the competent authority to decide the appeal on its merits within three months. It also ordered the petitioner to cooperate in the hearing of the appeal. Consequently, the Court stayed the impugned order pending the final decision of the appeal and disposed of the writ petition with these directions.
Issues considered
- Whether the failure of the appellate authority to decide the appeal and stay application violates the petitioner's right to a timely remedy
- Whether the order dated 09-07-2026 under Section 3 of the U.P. Control of Goondas Act should be stayed pending adjudication of the appeal
Legislation cited
- U.P. Control of Goondas Act — s. 3
Subjects
- stay of execution
- appellate delay
- criminal procedure
- writ petition
- U.P. Control of Goondas Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22478 of 2026
Haji Naseem
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Ayub
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
Shri Mohd. Ayub, learned counsel for the petitioner
submits that the petitioner has assailed the order dated
09.07.2026 passed under Section 3 of the U.P. Control
of Goondas Act before the appellate authority. The
memo of appeal is accompanied by stay application.
Shri Mohd. Ayub, learned counsel for the petitioner
then contends that neither the appeal nor the stay
applications are being decided by the authorities.
Failure to decide the stay application will render the
appeal infructuous.
Learned AGA on the basis of instructions could not
dispute the aforesaid facts.
Interest of justice will be served by issuing the
following directions:-
(I). The competent authority shall decide the appeal on
merits preferably within a period of three months.
(II) The petitioner shall cooperate in the hearing of the
appeal.
CRLP No. 22478 of 2026
2
Till the final decision of the appeal the impugned order
dated 09.07.2026 passed by Additional Commissioner
of Police, Commissionerate Agra, shall remain stayed.
The writ petition is disposed of with the above
directions.
September
24, 2026
Virendra
(Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
Digitally signed by :-
VIRENDRA KUMAR BHARTEEY
High Court of Judicature at Allahabad
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