Allahabad High Court
Dilshad Khan @ Bhoore @ Bhoora vs State Of U.P. And 2 Others on 6 May, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:103642
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9564 of 2026
Dilshad Khan @ Bhoore @ Bhoora
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Faizan Ahmad, Saurabh Chaturvedi
Counsel for Respondent(s)
:
G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief (s):-
"It is therefore most respectfully prayed that this Hon'ble Court may be pleased to set aside the order dated 03.02.2026 passed by Joint Commissioner of Police (Law and Order) / Executive Magistrate, Police Commissionerate Kanpur Nagar in case no. 11/2026 (State vs. Dilshad Khan @ Bhoore @ Bhoora) u/s 3/4 of U.P. Control of Goondas Act, 1970 and order dated 16.03.2026 passed by Commissioner, Kanpur in Appeal/Case No. 362/2026 (Dilshad Khan @ Bhoore @ Bhoora Vs. State of U.P.) under section 6 of U.P. Control of Goondas Act, 1970, Police Station:- Jajmau, Police Commissionerate, Kanpur Nagar."
Learned counsel for the petitioner submits that proceedings under the U.P. Control of Goondas Act, 1970 were initiated on the basis of four cases, three of which relate to offences under the I.P.C. and one under the Arms Act. By order dated 03.02.2026, passed by the Joint Commissioner of Police (Law and Order)/Executive Magistrate, Police Commissionerate, Kanpur Nagar, in Case No. 11/2026 (State vs. Dilshad Khan @ Bhoore @ Bhoora) under Sections 3 and 4 of the U.P. Control of Goondas Act, 1970, the petitioner has been externed for a period of six months from the limits of District Kanpur Nagar.
He further submitted that proceedings in one case, being Case Crime No. 494 of 2021, have been quashed by this Court in proceedings under Section 528 B.N.S.S. No. 12335 of 2025 by order dated 16.01.2026, and in the case arising under the Arms Act, the petitioner?s conviction has not yet been recorded as the trial is still pending. Therefore, both these cases cannot be taken into consideration for declaring the petitioner a ?Goonda? under the Act of 1970.
He further submitted that the impugned order dated 03.02.2026 has been challenged by the petitioner by filing an appeal before the Commissioner, Kanpur Division, Kanpur. In the appeal, a stay application was moved, which was rejected by the impugned order dated 16.03.2026, but the appeal itself has not yet been decided. He prayed that a direction be issued to the appellate authority to decide the appeal expeditiously.
I have heard the learned counsel for the petitioner and perused the record.
It is evident that the appeal preferred by the petitioner under Section 6 of the Act of 1970 is pending before the Commissioner, Kanpur Division, Kanpur. Accordingly, this Court is not inclined to examine the legality of the impugned order dated 03.02.2026, but it appears appropriate to direct the Commissioner to decide the appeal expeditiously.
Accordingly, this writ petition is disposed of with a direction to the Commissioner, Kanpur Division, Kanpur, to decide Appeal No. 362 of 2026 (Dilshad Khan @ Bhoore @ Bhoora Vs. State of U.P.) under section 6 of U.P. Control of Goondas Act, 1970, Police Station:- Jajmau, Police Commissionerate, Kanpur Nagar 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 03.02.2026 shall remain stayed.
(Sandeep Jain,J.) May 6, 2026 Mayank