Disposed¶17

Amit Kumar v. State of U.P. and 2 Others

Allahabad HC8 Sept 2025CRLP/19876/2025

Case brief

AI extract

What is this about?

Amit Kumar v. State of U.P. — Allahabad High Court, Criminal Misc. Writ Petition No. 19876 of 2025, decided 08.09.2025 (Avnish Saxena, J.). U.P. Control of Goondas Act, 1970, Sections 3 and 6; externment order dated 24.07.2025 (Case No. 6921 of 2025) not to be given effect to till disposal of stay application before respondent no.2; appeal No. 1254 of 2025 pending, fixed for 19.09.2025; writ petition disposed of.

What did the court decide?

Interim direction that the externment order dated 24.07.2025 shall not be given effect to till disposal of the stay application pending before respondent no.2; writ petition disposed of accordingly. ¶17

Amit Kumar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. WRIT PETITION No. - 19876 of 2025

¶3

Amit Kumar

¶4

.....Petitioner(s)

¶5

	Versus
State Of U.P. And 2 Others		.....Respon
Counsel for Petitioner(s)	:	Kuldeep Kumar Mishra
Counsel for Respondent(s)	:	G.A.

¶6

.....Respondent(s)

¶7

Court No. - 79

¶8

HON'BLE AVNISH SAXENA, J.

¶9

Sri Naveen Kumar Pandey, Advocate holding brief appears on behalf of petitioner.

¶10

The present writ petition is preferred for issuance of direction on respondent to dispose of an appeal filed under Section 6 of U.P.Control of Goondas Act, 1970 and stay the order of externment passed by the District Magistrate vide order dated 24.07.2025 passed in Case No. 6921 of 2025. As the Commissioner has not disposed of the application and appeal, which is fixed for 19.09.2025.

¶11

Learned AGA submits that the prayer in the writ petition is defective. The petitioner is a proclaimed goonda and therefore, the proceeding of Goondas Act has been recorded against the petitioner. Hence, contends that the present writ petition is liable to be dismissed.

¶12

This Court has taken into consideration the submissions made by the parties and perused the record.

¶13

It is an admitted fact that against the order dated 24.07.2025 of Additional District Magistrate (the respondent no.3) passed under Section 3 of U.P.Control of Goondas Act, 1970, the appeal is preferred bearing no. 1254 of 2025. It is also an admitted position that the appeal is pending and fixed for disposal on 19.09.2025. The application for stay has not been considered by the respondent no.2.

¶14

As such this Court is of the view that till the disposal of application for

¶15

CRLP No. 19876 of 2025

¶16

¶17

stay pending before the respondent no.2, the order dated 24.07.2025 passed by respondent no.3, dealt with herein above, shall not be given effect to. The writ petition is accordingly disposed of.

¶18

(Avnish Saxena,J.)

¶19

September 8, 2025

¶20

Abhishek Sri.

¶21

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad

Amit Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Amit Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Javed Khan vs State of U.P. and 3 Others

Azam vs State of Up and 3 Others

Rijwan @ Saddam vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Jai Prakash Pathak @ Kinni Pathak vs State of U.P. Thru. Prin. Secy. Home Lko.

Indrapal Sharma vs State of U.P. and 3 Others

Ram Bhawan vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others