Allahabad High Court
MOHD. IRSHADversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that it cannot review the externment order while the appeal under Section 6 is pending, and therefore stayed the order pending the Commissioner’s decision.
Summary
The petitioner, Mohd. Irshad, challenged an externment order dated 29‑12‑2025 issued by the Additional District Magistrate, Firozabad under Sections 3(3)(1) and 4 of the Uttar Pradesh Control of Goondas Act, 1970. He filed an appeal before the Commissioner, Agra Division under Section 6 of the same Act, seeking an interim stay of the order, which the Commissioner rejected. The High Court observed that the appeal is still pending and has not been finally decided on its merits, so the court could not entertain a direct review of the externment order. Consequently, the Court directed the Commissioner to decide the pending appeal within three months and stayed the externment order until such determination. The writ petition was therefore disposed of with the stay direction.
Issues considered
- Whether the High Court can examine the legality of the externment order while the appeal under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970 is pending before the Commissioner.
- Whether an interim stay of the externment order should be granted pending the decision of the appeal.
Legislation cited
- Uttar Pradesh Control of Goondas Act, 1970 — s. 3(3)(1), 4, 6
Subjects
- externment order
- Uttar Pradesh Control of Goondas Act
- stay of execution
- pending appeal
- high court writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8404 of 2026
Mohd. Irshad
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilendra Yadav, Aniruddha Kumar
Dwivedi
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
Heard learned counsel for the petitioner and learned AGA for the State.
Learned counsel for the petitioner submits that an externment order was
passed by the Additional District Magistrate, Firozabad, on 29.12.2025 under
Sections 3(3)(1) read with Section 4 of the Uttar Pradesh Control of Goondas
Act, 1970, which has been challenged by the petitioner by filing appeal before
the Commissioner, Agra Division, which is Case No.187 of 2026 (Mohd.
Irshad vs. State), under Section 6 of the above Act of 1970, in which an
interim stay application was moved for staying the implementation of the
impugned order dated 29.12.2025, which has been illegally rejected by the
Commissioner.
I have heard the learned counsel for the petitioner and perused the record.
It is evident that the appeal under Section 6 of the Act, 1970, is still pending
before the Commissioner and has not been finally decided on merits.
Therefore, this Court cannot examine the legality of the impugned order dated
29.12.2025 at this stage.
In view of the above, the writ petition is disposed of with a direction that the
Commissioner, Agra Division, before whom the said appeal is pending, shall
make every effort to decide the appeal on its merits within three months from
the date a certified copy of this order is produced.
Until the appeal is decided, the externment order dated 29.12.2025 passed by
the Additional District Magistrate, Firozabad, in Case No. 187 of 2026 (Mohd.
Irshad vs. State), shall remain stayed.
April 20, 2026
Mayank
(Sandeep Jain,J.)
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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