Disposed¶16

Sandeep Nishad v. State of U.P. and 2 Others

Allahabad HC13 Mar 2026CRLP/3998/2026

Case brief

AI extract

What is this about?

Externment order; Uttar Pradesh Control of Goondas Act, 1970, Section 6; Joint Commissioner of Police/Executive Magistrate, Kanpur Nagar; appeal before Commissioner, Kanpur Division (Appeal No. C202603000000314 of 2026); stay application status; report called from Divisional Commissioner; writ petition at admission stage; Allahabad High Court; interim directions; listed fresh 07.05.2026.

What did the court decide?

Interim directions only at admission stage: report of the Divisional Commissioner, Kanpur Nagar within three days on the status of any stay application in the pending appeal; order to be communicated forthwith through the Chief Judicial Magistrate; petition to be laid as fresh on 07.05.2026. No final relief decided. ¶16

Sandeep Nishad vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether any stay application has been moved by the petitioner in his pending appeal against the externment order, and whether any orders have been passed on such stay application.

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Court's answer

The Court directed the Divisional Commissioner, Kanpur Nagar to submit a report within three days stating whether any stay application has been moved by the petitioner in Appeal No. C202603000000314 of 2026 and whether any orders have been passed on the stay application; if orders have been passed, they are to be forwarded to the Court along with the report.

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Ratio / Principle

The Court directed that the order be communicated to the Divisional Commissioner, Kanpur Nagar through the learned Chief Judicial Magistrate, Kanpur Nagar by the Registrar (Compliance) forthwith.

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Detailed headnote1 paragraphs

Allahabad High Court (J.J. Munir and Tarun Saxena, JJ.) in Criminal Misc. Writ Petition No. 3998 of 2026, Sandeep Nishad v. State of U.P. and 2 Others (order dated May 1, 2026): At the admission stage of a writ petition challenging an order of externment passed by the Joint Commissioner of Police (Headquarters and Crime)/Executive Magistrate, Police Commissionerate, Kanpur Nagar under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970, the Court noted that the petitioner had appealed to the Commissioner, Kanpur Division, who by order dated 25.02.2026 admitted Appeal No. C202603000000314 of 2026 to hearing and summoned the record but did not suspend the operation of the externment order. The Court directed the Divisional Commissioner, Kanpur Nagar to submit a report within three days on whether any stay application had been moved in the appeal and whether any orders had been passed thereon, with copies of any such orders to be forwarded; directed communication of the order through the Chief Judicial Magistrate, Kanpur Nagar by the Registrar (Compliance) forthwith; and listed the petition as fresh on 07.05.2026. Interim/procedural order only; no merits adjudication.

Sandeep Nishad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sandeep Nishad 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

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