Disposed¶20

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

Allahabad HC4 May 2026CRLP/10179/2026

Case brief

AI extract

What is this about?

Goonda externment; U.P. Control of Goondas Act, 1970, Sections 3(1) and 6; stay of externment order pending statutory appeal; direction for expeditious disposal of appeal; Article 226 Constitution of India; certiorari against rejection of stay application; Anand Kumar v. State of U.P.; Allahabad High Court; Sandeep Jain, J.; May 5, 2026; Criminal Misc. Writ Petition No. 10179 of 2026; District Magistrate, Auraiya; Commissioner, Kanpur Division.

What did the court decide?

Writ petition disposed of with a direction to the Commissioner, Kanpur Division, Kanpur, to decide Appeal No. 377 of 2026 (Computerized Case No. C202603000000377, Anand Kumar vs. District Magistrate, Auraiya) within two months from production of the certified copy of the order; operation and effect of the order dated 10.02.2026 to remain stayed till disposal of the appeal.

Anand Kumar Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellate authority (Commissioner, Kanpur Division, Kanpur) should be directed to decide Appeal No. 377 of 2026 expeditiously. +1 more

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Court's answer

The Commissioner, Kanpur Division, Kanpur is directed to decide Appeal No. 377 of 2026 (Computerized Case No. C202603000000377) within two months from the date of production of the certified copy of the order.

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Ratio / Principle

Since the petitioner's appeal is still pending, it is not appropriate for the Court to express any opinion regarding the legality of the impugned externment order.

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Key takeaways

Till the disposal of the appeal, the operation and effect of the order dated 10.02.2026 shall remain stayed.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Sandeep Jain, J.) — Criminal Misc. Writ Petition No. 10179 of 2026, decided May 5, 2026. Petitioner, externed for six months from District Auraiya by the District Magistrate's order dated 10.02.2026 under the U.P. Control of Goondas Act, 1970 on the basis of only two criminal cases, challenged the rejection (order dated 23.03.2026 by respondent no.2) of his stay application in Appeal No. 377 of 2026 pending before the Commissioner, Kanpur Division, Kanpur. Holding that it was not appropriate to express any opinion on the legality of the externment order while the appeal was pending, the Court disposed of the writ petition directing the appellate authority to decide the appeal within two months of production of the certified copy of the order, and ordered that till disposal of the appeal the operation and effect of the order dated 10.02.2026 shall remain stayed.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 10179 of 2026

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Anand Kumar

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.....Petitioner(s)

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Versus

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State Of U.P. And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Agnivesh, Jadu Nandan Yadav
Counsel for Respondent(s)	: G.A.

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Court No. - 53

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HON'BLE SANDEEP JAIN, J.

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The instant writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

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"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.03.2026 passed by respondent no.2 rejecting stay application in Appeal/Case No.377 of 2026 (Anand Kumar Vs. District Magistrate, Auraiya) under Section 6 UP. Control of Goondas Act, 1970 (Annexure no.1 to this writ petition).

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(ii) Issue a writ, order or direction in the nature of mandamus staying the effect and operation of the order dated 10.02.2026 passed by respondent no.3 till the disposal of Appeal/Case No.377 of 2026 "Computerized Case No. C202603000000377" (Anand Kumar Vs. District Magistrate, Auraiya)."

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Learned counsel for the petitioner submits that only on the basis of two criminal cases, proceedings under Section 3(1) of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner. By order dated 10.02.2026 passed by the District Magistrate, Auraiya, the petitioner was externed for six months from the limits of District Auraiya. Against this order, the petitioner filed an appeal before the Commissioner, Kanpur Division, Kanpur, in which a stay application was also moved but was rejected on 23.03.2026. The appeal, however, has not yet been decided by the appellate authority. The petitioner seeks a direction for the appellate authority to decide the appeal expeditiously and for a stay of the implementation of the impugned order dated 10.02.2026 in the meantime.

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

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It is evident that merely on the basis of two criminal cases, the petitioner has

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CRLP No. 10179 of 2026

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been declared a "Goonda" by the District Magistrate, Auraiya, by the impugned order dated 10.02.2026. The petitioner has challenged this order by filing an appeal before the Commissioner, Kanpur Division, Kanpur, which is still pending adjudication. The stay application preferred by the petitioner was dismissed by the impugned order dated 23.03.2026.

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Since the petitioner's appeal is still pending, it is not appropriate for this Court to express any opinion regarding the legality of the impugned order.

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In view of the above, it is appropriate to direct the appellate authority to decide the petitioner's appeal expeditiously.

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Accordingly, this writ petition is disposed of with a direction to the Commissioner, Kanpur Division, Kanpur, to decide Appeal No. 377 of 2026 (Computerized Case No. C202603000000377, Anand Kumar vs. District Magistrate, Auraiya, under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970) 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 10.02.2026 shall remain stayed.

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(Sandeep Jain,J.)

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May 5, 2026 Mayank

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

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

Case brief

What is this about?

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

Case brief

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