Allahabad High Court
Vikas Yadav vs State Of U.P. And 3 Others on 15 May, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:113227
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10995 of 2026
Vikas Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Rajesh Singh Baish
Counsel for Respondent(s)
:
G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
1. The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
" (i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 06.04.2026 passed by Commissioner, Prayagraj Division, Prayagraj in Appeal/Case No. 506/2026, Computerized Case No. C202602000000506 (Vikas Yadav vs. State of UP) under Section 6 of UP Control of Goondas Act, as well as impugned order dated 16.03.2026 passed by Additional Police Commissioner, Commissionerate, Prayagraj in Case No.556 of 2025 (State vs. Vikas Yadav) under Section 3(1) of UP Control of Goondas Act, 1970, Police Station Handia, District Prayagraj (Annexure No.1 and 2 to this writ petition).
(ii) To issue a writ, order or direction in the nature of mandamus commanding respondent no.2 Commissioner Prayagraj Division, Prayagraj to decide the Appeal/Case No.506/2026, Computerized Case No. C202602000000506 (Vikas Yadav vs. State of UP) under Section 6 of UP Control of Goondas Act pending before him expeditiously within stipulated period as fixed by this Hon?ble Court?
(iii) to pass any order and further order which this Hon?ble Court may deem fit and proper under the facts and circumstances of this case.
(iv) to award costs of this writ petition to the petitioner?
2. Learned counsel for the petitioner submits that merely on the basis of three cases i.e. Case Crime No.37 of 2023, under Sections 3,5A,8 of UP Prevention of Cow Slaughter Act and Section 11 of The Prevention of Cruelty to Animals Act, P.S. Handia, District Prayagraj, Case Crime No.457 of 2024, under Sections 3,5A,8 of UP Prevention of Cow Slaughter Act and Section 11 of The Prevention of Cruelty to Animals Act, P.S. Handia, District Prayagraj and Case Crime No.122 of 2025, under Sections 115(2),352,351(2) of B.N.S., P.S. Handia, District Prayagraj, proceedings under Section 3(1) of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner and by order dated 16.03.2026 passed by the Additional Police Commissioner, Commissionerate, Prayagraj, the petitioner has been externed for six months from the limits of District Prayagraj, which has been challenged by the petitioner by filing Case/Appeal No.506/2026, Computerized Case No. C202602000000506 (Vikas Yadav vs. State of UP), under Section 6(1) of U.P. Control of Goondas Act, 1970, in which the stay application has been dismissed on 06.04.2026 but the appeal has not been decided by the Commissioner, Prayagraj Division, Prayagraj and is still pending. Learned counsel for the petitioner further submitted that the impugned orders dated 06.04.2026 and 16.03.2026 be quashed. It was further submitted that till the disposal of the appeal, the operation of the impugned order dated 16.03.2026 be stayed and the Commissioner, Prayagraj Division, Prayagraj be directed to decide the appeal expeditiously.
3. Learned A.G.A. submits that as per instructions received by him, at present three cases are registered against the petitioner, which shows that he is a habitual offender.
4. It is apparent that since the appeal preferred by the petitioner under Section 6 of the Act, 1970, is pending before the competent authority, as such, this Court cannot examine the impugned order on merits.
5. In view of this, it would be appropriate that a direction be given to the appellate authority to decide the appeal expeditiously.
6. In view of the above facts, the Commissioner, Prayagraj Division, Prayagraj is directed to decide the Appeal/Case No.506/2026, Computerized Case No. C202602000000506 (Vikas Yadav vs. State of UP) ), under Section 6 of U.P. Control of Goondas Act, 1970, within a period of two months from the date of production of certified copy of this order.
7. Till the disposal of the appeal, the operation of the impugned order dated 16.03.2026 passed by the respondent no. 3/Additional Police Commissioner, Commissionerate, Prayagraj in Case No.556 of 2025 (State Vs. Vikas Yadav), under section 3(1) of U.P. Control of Goondas Act, 1970, shall remain stayed.
8. Accordingly, the instant writ petition is disposed of.
(Sandeep Jain,J.) May 15, 2026 Himanshu