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Allahabad High Court

DILSHAD KHAN @ BHOORE @ BHOORAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court did not entertain the challenge to the externment order but directed the Commissioner to decide the pending appeal within two months and stayed the order's operation.

Summary

The petitioner Dilshad Khan filed a writ petition under Article 226 challenging an order dated 03.02.2026 that externed him for six months under Sections 3 and 4 of the U.P. Control of Goondas Act, 1970. He argued that two of the four cases on which the externment was based were either quashed or still pending, and therefore could not justify his declaration as a "goonda." An appeal against the externment order under Section 6 of the same Act was pending before the Commissioner, Kanpur Division. The High Court declined to examine the legality of the externment order but directed the Commissioner to decide the pending appeal within two months and stayed the operation of the externment order until the appeal is disposed. The petition was consequently disposed with the said direction.

Issues considered

  • Whether the High Court should interfere with the externment order passed under Sections 3 and 4 of the U.P. Control of Goondas Act, 1970.
  • Whether the pending appeal under Section 6 of the Act should be decided expeditiously.
  • Whether the operation of the externment order should be stayed pending the appeal.

Legislation cited

Subjects

  • Article 226
  • Writ Petition
  • Externment
  • Goonda
  • U.P. Control of Goondas Act
  • Stay Order
  • Appeal
  • Expeditious Disposal

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 9564 of 2026

Dilshad Khan @ Bhoore @ Bhoora
                                                                    .....Petitioner(s)
                                        Versus

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

Counsel for Petitioner(s)             : Faizan Ahmad, Saurabh Chaturvedi
Counsel for Respondent(s)             : G.A.

Court No. - 53
                        HON'BLE SANDEEP JAIN, J.

The instant writ petition under Article 226 of the Constitution of India has
been filed for the following relief (s):-

"It is therefore most respectfully prayed that this Hon'ble Court may be pleased to set
aside the order dated 03.02.2026 passed by Joint Commissioner of Police (Law and
Order) / Executive Magistrate, Police Commissionerate Kanpur Nagar in case no.
11/2026 (State vs. Dilshad Khan @ Bhoore @ Bhoora) u/s 3/4 of U.P. Control of
Goondas Act, 1970 and order dated 16.03.2026 passed by Commissioner, Kanpur in
Appeal/Case No. 362/2026 (Dilshad Khan @ Bhoore @ Bhoora Vs. State of U.P.)
under section 6 of U.P. Control of Goondas Act, 1970, Police Station:- Jajmau, Police
Commissionerate, Kanpur Nagar."

Learned counsel for the petitioner submits that proceedings under the U.P.
Control of Goondas Act, 1970 were initiated on the basis of four cases, three
of which relate to offences under the I.P.C. and one under the Arms Act. By
order dated 03.02.2026, passed by the Joint Commissioner of Police (Law
and Order)/Executive Magistrate, Police Commissionerate, Kanpur Nagar, in
Case No. 11/2026 (State vs. Dilshad Khan @ Bhoore @ Bhoora) under
Sections 3 and 4 of the U.P. Control of Goondas Act, 1970, the petitioner
has been externed for a period of six months from the limits of District
Kanpur Nagar.

He further submitted that proceedings in one case, being Case Crime No.
494 of 2021, have been quashed by this Court in proceedings under Section
528 B.N.S.S. No. 12335 of 2025 by order dated 16.01.2026, and in the case
                                                                                               CRLP No. 9564 of 2026
                                                                     2


                                    arising under the Arms Act, the petitioner’s conviction has not yet been
                                    recorded as the trial is still pending. Therefore, both these cases cannot be
                                    taken into consideration for declaring the petitioner a “Goonda” under the
                                    Act of 1970.

                                    He further submitted that the impugned order dated 03.02.2026 has been
                                    challenged by the petitioner by filing an appeal before the Commissioner,
                                    Kanpur Division, Kanpur. In the appeal, a stay application was moved,
                                    which was rejected by the impugned order dated 16.03.2026, but the appeal
                                    itself has not yet been decided. He prayed that a direction be issued to the
                                    appellate authority to decide the appeal expeditiously.

                                    I have heard the learned counsel for the petitioner and perused the record.

                                    It is evident that the appeal preferred by the petitioner under Section 6 of the
                                    Act of 1970 is pending before the Commissioner, Kanpur Division, Kanpur.
                                    Accordingly, this Court is not inclined to examine the legality of the
                                    impugned order dated 03.02.2026, but it appears appropriate to direct the
                                    Commissioner to decide the appeal expeditiously.

                                    Accordingly, this writ petition is disposed of with a direction to the
                                    Commissioner, Kanpur Division, Kanpur, to decide Appeal No. 362 of
                                    2026 (Dilshad Khan @ Bhoore @ Bhoora Vs. State of U.P.) under section 6
                                    of U.P. Control of Goondas Act, 1970, Police Station:- Jajmau, Police
                                    Commissionerate, Kanpur Nagar 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 03.02.2026 shall remain
                                    stayed.



                                                                                                (Sandeep Jain,J.)
                                    May 6, 2026
                                    Mayank




Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad


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