Allahabad High Court
MAHENDRA SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the stay application should be granted, staying the impugned order pending the appeal, which must be decided within four months.
Summary
Mahendra Singh filed a criminal miscellaneous writ petition seeking a certiorari to quash, and a mandamus to prevent, an order dated 13‑01‑2026 passed by Respondent No. 3 under Section 3(1) of the Uttar Pradesh Control of Goondas Act in case 1489 of 2025. The petitioner had appealed that order and filed a stay application, which remained undecided. Counsel for the petitioner argued that continued delay would render the appeal ineffective. The High Court observed that further delay would defeat the purpose of the appeal and, in the interest of justice, directed that the appeal be decided preferably within four months and that the impugned order be stayed pending the interim relief application. The court clarified that these directions do not prejudice the merits of the appeal. The writ petition was disposed with the said directions.
Issues considered
- Whether the stay application filed in the appeal against the order under Section 3(1) of the Uttar Pradesh Control of Goondas Act should be granted.
- Whether the High Court can issue interim relief in the form of a stay of the impugned order pending the determination of the appeal.
Legislation cited
Subjects
- stay of proceedings
- interim relief
- certiorari
- mandamus
- Control of Goondas Act
- appeal
- high court
- injunction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3369 of 2026
Mahendra Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Gupta, Vishpa
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE TARUN SAXENA, J.
The petitioner has sought for following reliefs:-
"(i) Issue a writ order or direction in the nature of certiorari to
quash the impugned proceedings as well as impugned order
dated 13.01.2026 passed by respondent no. 3 against the
petitioner in Case No. 1489 of 2025, under Section 3(1) Uttar
Pradesh Control of Goondas Act, 1970, Police Station Dakor at
Orai, district Jalaun as Annexure No. 9 to this Writ Petition.
(ii) Issue a writ order or direction in the nature of mandamus
commanding and directing to the concerned respondents not to
arrest or harass the petitioner in pursuance of the impugned
proceedings as well as impugned order dated 13.01.2026 passed
by respondent no. 3 against the petitioner in Case No. 1489 of
2025, under Section 3(1) Uttar Pradesh Control of Goondas Act,
1970, Police Station Dakor at Orai, district Jalaun."
The petitioner carried the order dated 13.01.2026 passed by the
passed by respondent no. 3 under Section 3(1) of Uttar Pradesh
Control of Goondas Act, 1970, in appeal. The memo of appeal
was accompanied by a stay application.
Sri Rakesh Kumar Gupta, learned counsel assisted by Ms.
Vishpa, learned counsel for the petitioner submits that the
application for interim relief has not been decided till date. In
case the stay application is not decided the purpose of appeal
CRLP No. 3369 of 2026
2
will become infructuous.
The aforesaid submissions could not be satisfactorily disputed
by the learned A.G.A. from the records available with him.
In the facts of this case, we find that further delay in deciding the
stay application could well render the cause of appeal
infructuous. In this wake, interest of justice will be served by
issuing the following directions:-
(i) The appeal shall be decided preferably within a period of four
months.
(ii) Till the pendency of the aforesaid application for interim
relief the impugned order dated 13.01.2026 passed by
respondent no. 3 against the petitioner in Case No. 1489 of
2025, under Section 3(1) Uttar Pradesh Control of Goondas Act,
1970, Police Station Dakor at Orai, district Jalaun shall remain
stayed.
It is clarified that the aforesaid observations made in this order
shall not influence the decision of the appeal on merits.
The writ petition is disposed of with the above directions.
(Tarun Saxena,J.) (Ajay Bhanot,J.)
February 13, 2026
Dhananjai
Digitally signed by :-
DHANANJAI
High Court of Judicature at Allahabad
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