Arun Kumar vs State Of U P And 2 Others
2018 Latest Caselaw 1275 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15261 of 2018
 

 
Petitioner :- Arun Kumar
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Anand Swaroop Gautam,Laike
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State as also perused the record.

The present writ petition has been filed to quash the order dated 26.10.2017 passed by the District Magistrate Gorakhpur in Case No. D-20170531018, under Sections- 3/4 U.P. Goonda Act, Police Station- Khorabar, District- Gorakhpur, as well as order dated 24.3.2018 passed by Commissioner Gorakhpur Division Gorakhpur in case no.C201705001920 (Arun Vs. Dist. Magistrate Gorakhpur).

It is stated that petitioner is a student who has been falsely implicated in two cases which are essentially civil in nature. It is further contented that there is a dispute between family members relating to immovable property for which petitioner has been falsely implicated and the District Magistrate has erroneously proceded to impose proceedings under the U.P. Control of Goonda Act 1972. Submission is that orders impugned are liable to be quashed.

Matter requires consideration.

Notice on behalf of opposite party no.1, 2 and 3 has been accepted by learned A.G.A.

Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing no coercive action shall be taken against the petitioner pursuant to the aforesaid impugned orders.

Order Date :- 14.6.2018

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