Pintoo @ Vijay Kesarwani vs State Of U.P. And Another
2022 Latest Caselaw 11733 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 11587 of 2022
 

 
Petitioner :- Pintoo @ Vijay Kesarwani
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Chandra Prakash Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the petitioner and learned AGA.

Present writ petition has been preferred for quashing the impugned notice dated 24.06.2022 issued by respondent no.2, under Section 3(1) of U.P. Control of Goondas Act, 1970.

Learned counsel for the petitioner submits that the impugned show-cause notice has been issued against the petitioner only on the ground of his involvement in a solitary case being Case Crime No.1196 of 2020 under Section 308, 323 IPC and, Beat Information Report No.36 dated 11.08.2021. It is contended that he has falsely been implicated in the aforesaid case crime and charge-sheet has already been submitted on 11.08.2021 before the court below. It is contended that impugned notice is against the dictum of Hon'ble the Apex Court in case of Vijay Narayan Singh v. State of Bihar & Ors., 1984 (3) SCC 14 and Imran alias Abdul Qudus Khan v. State of U.P. & Ors., 2000 (Suppl.) ACC 171 (HC).

It is also submitted that similar controversy, assailing the validity of show cause notice only on the ground of involvement in solitary case, has earlier been raised before this Court in Criminal Misc. Writ Petition No.14013 of 2017 (Mahendra @ Pappu v. State of U.P. & Ors.) in which relying on the aforesaid judgments of Hon'ble the Apex Court the Coordinate Bench of this Court has allowed the writ petition and quashed the impugned show cause notice vide order dated 26.7.2017 and as such it is submitted that the petitioner on similar footing is also entitled for similar indulgence. Reliance has also been placed on the judgment of Coordinate Bench of this Court dated 19.7.2017 in Criminal Misc. Writ Petition No.13572 of 2017 (Jayanath v. State of U.P. & Ors.). Reliance has also been placed on the judgment of this Court dated 3.5.2018 in Misc. Bench No.11098 of 2018 [Atif Adnan (in Notice Atif) v. D.M. Faizabad & Ors.].

So far as factual and legal aspect is concerned, the same could not be disputed by learned AGA.

In the facts and circumstances of the case, the impugned notice cannot sustain and is hereby quashed.

The writ petition stands allowed.

Order Date :- 30.8.2022

Ashutosh