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Allahabad High Court

SONU TIWARIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court declined to quash the orders and instead stayed the operation of the externment order, directing the Commissioner to decide the pending appeal within two months.

Summary

The petitioner, Sonu Tiwari, filed a writ petition under Article 226 challenging an order dated 29 July 2026 that externed him from Kanpur Nagar for six months under sections 3/4 of the Uttar Pradesh Control of Goondas Act, 1970, and a subsequent order dated 10 August 2026 that rejected his stay application under section 6 of the same Act. The petitioner had filed an appeal against the externment order, which was pending before the Commissioner, Kanpur Division, and his stay application was dismissed. The High Court held that, since the appeal was still pending, it could not quash the orders but could stay their operation. The Court directed the Commissioner to decide the pending appeal within two months and stayed the effect of the externment order until such disposal. Consequently, the writ petition was disposed of with the said directions.

Issues considered

  • Whether the High Court can quash the externment order under sections 3/4 of the Uttar Pradesh Control of Goondas Act while an appeal under section 6 is pending.
  • Whether a stay of the externment order is appropriate pending adjudication of the appeal.
  • Whether the High Court should direct the appellate authority to decide the pending appeal expeditiously.

Legislation cited

Subjects

  • Article 226
  • writ petition
  • certiorari
  • mandamus
  • externment
  • goonda
  • Uttar Pradesh Control of Goondas Act
  • stay order
  • appellate jurisdiction

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 23854 of 2026

Sonu 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 29.07.2026 passed by the respondent no.3 in Case No.95 of 2026(State
Vs. Sonu 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.1498 of 2026 (Sonu Tiwari Vs. State of UP) (Computerized Case
No.C202603000001498) 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
29.07.2026 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 29.07.2026
passed by the respondent no.3 - Joint/Additional Police Commissioner
(Headquarters & Crime) / Executive Magistrate, Police Commissionerate,
Kanpur Nagar, the petitioner has been externed for six months from the
limits of District Kanpur Nagar, which has been challenged by the
petitioner by filing Appeal No.1498 of 2026(Computerized Case No.
C202603000001498) (Sonu Tiwari vs. State of U.P.), under Section 6 of
U.P. Control of Goondas Act, 1970 before Commissioner, Kanpur
                                                                                              CRLP No. 23854 of 2026
                                                                     2


                                    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 29.07.2026
                                    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 29.07.2026. 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.1498 of 2026(Computerized Case No. C202603000001498) (Sonu
                                    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 29.07.2026 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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