Created by Fuzzy Cloud

Allahabad High Court

PUSHPENDRA SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court directed that the stay application be decided within one month and the appeal within two months, and stayed the operation of the impugned order pending the stay.

Summary

Petitioner Pushpendra Singh challenged an order dated 20.03.2026 passed under Section 3(3) of the U.P. Control of Goondas Act, 1970 which externed him from Bareilly district for three months. He filed an appeal under Section 6 of the same Act (Appeal No.702 of 2026) and a stay application against the order, both of which remained pending. The writ petition sought a mandamus directing the respondent not to compel the petitioner to leave the district until the stay application is decided and urged expeditious disposal of the appeal and stay. The Court, after hearing counsel, ordered that the stay application be decided within one month and the appeal within two months, and stayed the operation of the impugned order pending the stay. Consequently, the writ petition was disposed of with the directions granted.

Issues considered

  • Whether the appellate court can be directed to decide a pending stay application and appeal under Section 6 of the U.P. Control of Goondas Act, 1970 expeditiously
  • Whether the order of externment under Section 3(3) of the Act should be stayed pending the outcome of the appeal

Legislation cited

Subjects

  • Goonda Control Act
  • stay of order
  • mandamus
  • appeal under Section 6
  • externment
  • writ petition
  • expeditious disposal

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

            CRIMINAL MISC. WRIT PETITION No. - 9686 of 2026

Pushpendra Singh
                                                                      .....Petitioner(s)
                                       Versus
State Of U.P. And 3 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)                       :   Karunesh Narayan Tripathi
Counsel for Respondent(s)                       :   G.A.

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

1. The instant writ petition has been filed for the following reliefs:-

"a) Issue writ, order or direction in the nature of Mandamus directing the Respondent
No.4not to compel the petitioner to leave District Bareilly till disposal of stay
application filed by petitioner pending before the respondent No.2 in Appeal No.702
of 2026 Computerized Case No. C-202612000000702, Pushpendra Singh Vs. State,
U/S 6 of U.P. Goonda Control Act, 1970.

b) Issue any suitable writ order or direction which this Hon'ble Court may deem fit
and proper under the facts and circumstances of the present case."

2. Learned counsel for the petitioner submits that proceedings under
Sections 3/4 of the U.P. Control of Goondas Act, 1970 were initiated against
the petitioner by the Additional District Magistrate (Finance/Revenue),
Bareilly, wherein, by order dated 20.03.2026 passed under Section 3(3) of
the said Act, the petitioner has been externed for a period of three months
from the limits of District Bareilly. It is further submitted that the said order
has been challenged by the petitioner by filing Appeal No.702 of 2026
Computerized Case No. C-202612000000702, Pushpendra Singh Vs. State,
under Section 6 of the Act, which is pending for disposal. Along with the
appeal, a stay application has also been filed for staying the operation of the
impugned order dated 20.03.2026, however, the same has not been decided
by the appellate court till date. Learned counsel for the petitioner, therefore,
prays that a direction be issued to the appellate court to decide the appeal as
well as the stay application expeditiously.

3. Learned A.G.A. submits that he has no objection in case a direction is
issued to the appellate court for expeditious disposal of the appeal as well as
                                                                                              CRLP No. 9686 of 2026
                                                                    2


                                    the stay application.

                                    4. Having considered the submissions of learned counsel for the parties and
                                    perused the record, it is evident that the appeal under Section 6 of the U.P.
                                    Control of Goondas Act, 1970 is pending before the Commissioner, Bareilly
                                    Division, Bareilly. Accordingly, it is directed that the stay application filed
                                    in the aforesaid appeal shall be decided within a period of one month, and
                                    the appeal itself shall be decided within a period of two months from the
                                    date of production of a certified copy of this order, strictly in accordance
                                    with law.

                                    5. Accordingly, the writ petition is disposed of.

                                    6. It is further provided that till the disposal of the stay application, the
                                    operation of the impugned order dated 20.03.2026 shall remain stayed.

                                    May 7, 2026
                                    Himanshu
                                                                                                  (Sandeep Jain,J.)




Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.