Abbas vs State Of U.P. And 2 Others
2021 Latest Caselaw 3993 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2031 of 2021
 
Petitioner :- Abbas
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Akhilesh Kumar Mishra,Ashok Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Hon'ble Sanjay Kumar Pachori,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents and perused the record.

By this petition, the petitioner has challenged the notice dated 02.01.2021 issued by Additional District Magistrate (F & R), Bijnor, under Section 3(i) of the U.P. Control of Goondas Act, 1970 (hereinafter referred to as 'the Act').

The main contention of the petitioner in challenging the impugned notice is that the penal provision of 'the Act' cannot be clamped against an individual on basis of a solitary criminal case. He further states that three beet reports prepared by the police on different date. It is also submitted that the notice lacks material particulars. It fails to comply with the requirement of Section 3 of 'the Act'. He also submitted that the instant matter is covered by judgment delivered on 03.02.2021 in Criminal Misc. Writ Petition No. 347 of 2021 Rahul Yadav vs. State of U.P. and 2 others in identical facts.

Learned A.G.A. very fairly stated that the instant matter is covered by the above judgment where this Court has taken a view that on basis of a single criminal case, the provisions of 'the Act', cannot be invoked against an individual and that notice which lacks material particular and contains allegations only of general nature, fails to meet the requirement of law and therefore, cannot be sustained.

Consequently, following the law laid down in the said judgment, we quash the impugned notice dated 02.01.2021 but leave it open to the concerned respondents to pass a fresh order, if permissible.

The petition stands disposed of accordingly.

Order Date :- 18.3.2021

Ishan