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Allahabad High Court

RAMJI TIWARI @ NITIN TIWARIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court stayed the operation of the order dated 22 July 2026 and directed the Commissioner to decide the pending appeal within two months, without quashing the impugned orders.

Summary

The petitioner, Ramji Tiwari, filed a writ petition under Article 226 challenging an order dated 22 July 2026 that externed him for three months under Sections 3 and 4 of the Uttar Pradesh Control of Goondas Act, 1970, and a subsequent order dated 10 August 2026 that rejected his interim stay application. He had also filed an appeal before the Commissioner, Kanpur Division, under Section 6 of the same Act, which remained pending. The High Court observed that because the appeal was still pending, it was not appropriate to pass a substantive order quashing the impugned orders. Instead, the Court stayed the operation of the 22 July order until the appeal is decided and directed the appellate authority to dispose of the appeal within two months of receiving the certified copy of the judgment. The petition was consequently disposed of with the said directions. No substantive merits of the goonda declaration were adjudicated by the Court.

Issues considered

  • Whether the High Court can quash the order of the Executive Magistrate under Sections 3/4 of the Uttar Pradesh Control of Goondas Act while an appeal under Section 6 is pending.
  • Whether an interim stay of the externment order can be granted pending the outcome of the appeal.
  • Whether the High Court may direct the appellate authority to decide the pending appeal within a specified time.

Legislation cited

Subjects

  • Article 226
  • writ petition
  • certiorari
  • mandamus
  • Uttar Pradesh Control of Goondas Act
  • interim stay
  • appeal pending
  • exernment

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 23847 of 2026

Ramji Tiwari @ Nitin Tiwari
                                                                     .....Petitioner(s)
                                        Versus

State Of U.P. And 2 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)                        :   Awadh Bihari Pandey
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 for the following relief:-

" I. Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 22.07.2026 passed by the respondent no.3 in Case No.96 of 2026(State
Vs. Ramji Tiwari @ Nitin Tiwari) u/s 3/4 UP Control of Goondas Act,1970 as well as
impugned order dated 10.08.2026 passed by Commissioner, Kanpur Division, Kanpur
Nagar in Appeal No.1497 of 2026 (Ramji Tiwari @ Nitin Tiwari Vs. State of UP)
(Computerized Case No.C202603000001497) u/s 6 of UP Control of Goondas Act,
1970 whereby they rejected the interim stay application of the petitioner.

II. Issue a writ, order or direction in the nature of mandamus directing the
respondent no.2 and 3 not to give effect and operation to the impugned order dated
22.07.2026 as well as impugned order dated 10.08.2026."

2. Learned counsel for the petitioner submits that on the basis of three
cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act,
1970 were initiated against the petitioner and by order dated 22.07.2026
passed by the respondent no.3 - Joint/Additional Police Commissioner
(Headquarters & Crime) / Executive Magistrate, Police Commissionerate,
Kanpur Nagar, the petitioner has been externed for three months from the
limits of District Kanpur Nagar, which has been challenged by the
petitioner by filing Appeal No.1497 of 2026(Computerized Case No.
C202603000001497) (Ramji Tiwari @ Nitin Tiwari vs. State of U.P.),
under Section 6 of U.P. Control of Goondas Act, 1970 before
                                                                                              CRLP No. 23847 of 2026
                                                                     2


                                    Commissioner, Kanpur Division, Kanpur Nagar, in which a stay
                                    application has also been moved, which was rejected vide order dated
                                    10.08.2026. 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 22.07.2026 and 10.08.2026.

                                    3. Learned A.G.A. submits that as per instructions received by him, at
                                    present three cases are registered against the petitioner, which shows that
                                    he is a habitual offender.

                                    4. It is evident that on the basis of three criminal cases, the petitioner has
                                    been declared a "Goonda" by the respondent no.3, by the impugned order
                                    dated 22.07.2026. The petitioner has challenged this order by filing an
                                    appeal before the Commissioner, Kanpur Division, Kanpur Nagar, which
                                    is still pending for adjudication. However, the stay application preferred
                                    by the petitioner was dismissed by the impugned order dated 10.08.2026.

                                    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
                                    orders.

                                    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 Nagar, to decide Appeal
                                    No.1497 of 2026(Computerized Case No. C202603000001497) (Ramji
                                    Tiwari @ Nitin Tiwari 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
                                    22.07.2026 shall remain stayed.

                                    8. Accordingly, the instant writ petition is disposed of.



                                                                                                 (Sandeep Jain,J.)
                                    September 30, 2026
                                    Jitendra




Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad


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