Rasheed Khan vs State Of U.P. And 3 Others
2022 Latest Caselaw 8829 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9950 of 2022
 

 
Petitioner :- Rasheed Khan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Raghubir Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Umesh Chandra Sharma,J.

Heard Sri Raghubit Singh, learned counsel for the petitioner and learned A.G.A. for the State.

This petition has been filed by the petitioner with a prayer to quash the impugned notice dated 6.7.2022 passed by Respondent No.3 in computer Case No. D-202218020004399 of 2022 (State Vs. Rasheed Khan) Under Section 3 U.P. Control of Gundas Act, P.S. Iglas District Aligarh.

Learned counsel for the petitioner submits that impugned notice has been given taking into account the solitary case wherein the petitioner is already accorded bail by the learned Single Judge in Criminal Misc. Bail Application No. 2106 of 2022 State Vs. Rasheed Khan wherein the bail has been sought in Case Crime No. 158 of 2022 at Police Station Iglas, District Aligarh under Section 323, 554B, 307, 504 and 506 IPC and in support of his submission has also placed the judgment passed by the Coordinate Bench of this Court dated 27.7.2016 passed in Criminal Misc. Writ Petition No. 17099 of 2016 (Brijesh Yadav Vs. State of U.P. and two others).

Learned counsel for the petitioner submits that impugned show cause notice does not disclose the nature of material allegations levelled against petitioner in the criminal cases shown against him as is required under Section 3(1) of the said Act, hence notice be quashed. He submitted that the present case is squarely covered by Full Bench of this Court rendered in Bhim Sain Tyagi Vs. State of U.P. reported in 1992 (2) ACC 321 (F.B.) and Ramji Pandey Vs. State of U.P. and others reported in Crl. L.J. 1983 (F.B.).

The learned A.G.A. could not dispute the said fact.

After considering submission of learned counsel for the parties and fact that this case is squarely covered by decisions of Full Bench of this Court rendered in Bhim Sain Tyagi Vs. State of U.P. reported in 1999 (2) ACC 321 (F.B.) and Ramji Pandey Vs. State of U.P. and others reported in Crl. L.J. 1983 (F.B.) the writ petition is allowed. The impugned notice dated 6.7.2022 issued by respondent No.3 under Section 3 of U.P. Control of Goondas Act, 1970 registered as Case No. D202218020004399/2022 (State Vs. Rasheed Khan), District Aligarh is quashed with liberty to respondent No.2 to pass fresh order in accordance with law.

Order Date :- 2.8.2022

Manish Tripathi