Disposed¶9

Mohd. Irshad v. State of U.P. and 2 Others

Allahabad HC19 Apr 2026CRLP/8404/2026

Case brief

AI extract

What is this about?

Externment order; U.P. Control of Goondas Act, 1970; Sections 3(3)(1), 4 and 6; appeal pending before Commissioner, Agra Division; writ petition disposed with direction to decide appeal within three months; externment order stayed until disposal of appeal; Additional District Magistrate, Firozabad; rejection of interim stay application; Mohd. Irshad vs. State of U.P.

What did the court decide?

Direction to the Commissioner, Agra Division, to decide the pending Section 6 appeal on its merits within three months from production of a certified copy of the order; the externment order dated 29.12.2025 to remain stayed until the appeal is decided ¶9

Mohd. Irshad 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 this Court can examine the legality of the externment order dated 29.12.2025 while the appeal under Section 6 of the U.P. Control of Goondas Act, 1970 is pending before the Commissioner, Agra Division +1 more

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Court's answer

Since the appeal under Section 6 of the Act, 1970 is still pending before the Commissioner and has not been finally decided on merits, this Court cannot examine the legality of the externment order dated 29.12.2025 at this stage

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Ratio / Principle

The writ petition is disposed of with a direction to the Commissioner, Agra Division, to make every effort to decide the pending appeal on its merits within three months from the date a certified copy of the order is produced

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Key takeaways

Until the appeal is decided, the externment order dated 29.12.2025 passed by the Additional District Magistrate, Firozabad, shall remain stayedratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Sandeep Jain, J.) disposed of a Criminal Misc. Writ Petition filed by Mohd. Irshad concerning an externment order dated 29.12.2025 passed by the Additional District Magistrate, Firozabad, under Sections 3(3)(1) read with Section 4 of the Uttar Pradesh Control of Goondas Act, 1970. The petitioner had appealed under Section 6 of the Act to the Commissioner, Agra Division (Case No.187 of 2026, Mohd. Irshad vs. State), where his interim stay application was rejected. Holding that the appeal was still pending and not finally decided on merits, the Court declined to examine the legality of the externment order at that stage. It directed the Commissioner to make every effort to decide the appeal on its merits within three months from production of a certified copy of the order, and ordered that until the appeal is decided, the externment order dated 29.12.2025 shall remain stayed.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 8404 of 2026

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Mohd. Irshad

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	Versus		.....Peti	tioner(s)
State Of U.P. And 2 Others			.....Respo	ndent(s)
Counsel for Petitioner(s)	: Akhilendra Dwivedi	Yadav,	Aniruddha	Kumar
Counsel for Respondent(s)	: G.A.
Court No.- 53

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HON'BLE SANDEEP JAIN, J.

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Heard learned counsel for the petitioner and learned AGA for the State.

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Learned counsel for the petitioner submits that an externment order was passed by the Additional District Magistrate, Firozabad, on 29.12.2025 under Sections 3(3)(1) read with Section 4 of the Uttar Pradesh Control of Goondas Act, 1970, which has been challenged by the petitioner by filing appeal before the Commissioner, Agra Division, which is Case No.187 of 2026 (Mohd. Irshad vs. State), under Section 6 of the above Act of 1970, in which an interim stay application was moved for staying the implementation of the impugned order dated 29.12.2025, which has been illegally rejected by the Commissioner.

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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 the appeal under Section 6 of the Act, 1970, is still pending before the Commissioner and has not been finally decided on merits. Therefore, this Court cannot examine the legality of the impugned order dated 29.12.2025 at this stage.

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In view of the above, the writ petition is disposed of with a direction that the Commissioner, Agra Division, before whom the said appeal is pending, shall make every effort to decide the appeal on its merits within three months from the date a certified copy of this order is produced.

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Until the appeal is decided, the externment order dated 29.12.2025 passed by the Additional District Magistrate, Firozabad, in Case No. 187 of 2026 (Mohd. Irshad vs. State), shall remain stayed.

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April 20, 2026 Mayank

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(Sandeep Jain,J.)

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

Mohd. Irshad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohd. Irshad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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