Divas Pandey Vs State of Uttar Pradesh and 3 Others — Allahabad HC (2025) — LawSathi Research

Divas Pandey Vs State of Uttar Pradesh and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition finally disposed of: appellate court to decide the appeal preferably within three months of production of certified copy of the order without unnecessary adjournment; operation of the externment order dated 10.06.2025 suspended till disposal of the appeal subject to reporting/cooperation conditions with provision for revocation after hearing; petitioner to appear before the appellate court within 15 days. The certiorari prayer against the appellate stay-rejection order was not separately granted.

Issue for consideration

Whether the effect and operation of the externment order dated 10.06.2025 passed by respondent no.3 should be stayed/suspended during the pendency of the pending appeal against it. +2 more

Court's answer

Till disposal of the appeal, the operation of the externment order dated 10.06.2025 remains suspended, subject to conditions: (i) the petitioner shall notify his movements and regularly report his presence at the concerned police station; (ii) he shall sincerely cooperate in the appeal hearing, failing which the suspension is open to revocation by the appellate court on account of deliberate delay or delaying tactics; (iii) the appellate court shall afford an appropriate opportunity of hearing before passing any order of revocation.

Ratio / Principle

The appellate court is directed to expedite the hearing and decide the appeal preferably within three months from the date of production of certified copy of this order, without granting any unnecessary adjournment.

Key takeaways

The petitioner shall appear before the appellate court in person or through counsel within 15 days.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Avnish Saxena, J.; October 7, 2025), Criminal Misc. Writ Petition No. 21505 of 2025, Divas Pandey v. State of U.P. and 3 others: The petitioner, externed by order dated 10.06.2025 of respondent no.3 on the basis of three cases and a beat report, challenged (i) the rejection of his stay application on 16.07.2025 by respondent no.2 (appellate court) in Case No. 2138 of 2025 under section 6 of the U.P. Control of Goondas Act, and (ii) sought suspension of the externment order during the pendency of his appeal. The writ petition was finally disposed of: the appellate court was directed to expedite the hearing and decide the appeal preferably within three months from production of a certified copy of the order without unnecessary adjournment; till disposal of the appeal, the operation of the externment order dated 10.06.2025 stands suspended subject to conditions — regular notification of movements and reporting at the concerned police station, sincere cooperation in the appeal hearing (with suspension open to revocation by the appellate court for deliberate delay/delaying tactics, after affording an opportunity of hearing), and appearance of the petitioner before the appellate court in person or through counsel within 15 days.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 21505 of 2025

Divas Pandey

.....Petitioner(s)

Versus

State Of Uttar Pradesh And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) Counsel for Respondent(s)	: Anjani Kumar Dubey, Upadhyay, Vishal Duvey : G.A.	Deepak
Court No.- 81

HON'BLE AVNISH SAXENA, J.

Heard Sri Deepak Upadhyay, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

By means of this petition, the petitioner has prayed for direction in the nature of certiorari quashing the impugned order dated 16.07.2025 passed by the respondent no.2 in Case No. 2138 of 2025 (Divash Pandey Vs. State of UP and others) under section 6 of the U.P. Control of Goondas Act, whereby the stay application has been rejected by the learned appellate court. Further prayer is made for issuance of writ in the nature of mandamus to stay the effect and operation of the externment order dated 10.06.2025 passed by the respondent no.3 during the pendency of the appeal.

It is submitted by learned counsel for the petitioner that notice in this case has been issued against him on the basis of three cases and a beat report, disclosed in paragraph 7. The petitioner has been falsely named therein. It is further submitted that the respondent no.3 has passed the order of externment without considering the objections. It is further submitted that there was no material to arrive at the satisfaction that he was habitual offender and that his movements and activities were spreading fear in the people of the locality. It is further contended that appellate court, without any discussion passed a cryptic order declining stay on the order of externment. It is further submitted that externment order was passed on 10.06.2025. If the appeal is not decided expeditiously, within a stipulated period, the purpose of filing appeal shall be frustrated, as the period of completion of the externment is approaching fast.

Learned A.G.A. has no objection in case appellate court is directed to decide the appeal within stipulated period.

In view of above, the court concerned is directed to expedite the hearing and decide the aforesaid appeal preferably, within a period of three months from the date of production of certified copy of the instant order without granting any unnecessary

CRLP No. 21505 of 2025

2

adjournment.

Till the disposal of the appeal, the operation of the impugned order dated 10.06.2025, shall remain suspended subject to following conditions :-

(i) The petitioner shall notify his movements and report his presence in the concerned police station regularly during the period operation of the impugned order remains suspended.

(ii) The petitioner shall sincerely cooperate in hearing of the appeal and in case, he causes any deliberate delay in the hearing or adopts any delaying tactics, the order of suspension of externment order shall be open for revocation by the appellate court concerned.

(iii) The appellate court, before passing an order of revocation of this order, shall afford an appropriate opportunity of hearing to the appellant.

The petitioner shall appear before the appellate court in person or through counsel within 15 days from today.

Accordingly, this writ petition is finally disposed of .

(Avnish Saxena,J.)

October 7, 2025 Shivangi

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