Allahabad High Court
Ram Milan Mishra And Others vs State Of U.P. Thru. Secy. Deptt. Of ... on 27 June, 2022
Bench: Ramesh Sinha, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4204 of 2022
Petitioner :- Ram Milan Mishra And Others
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others
Counsel for Petitioner :- Baljeet Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Baljeet Singh, learned counsel for the petitioners, Sri D. S. Rana, learned Additional Government Advocate for the State-respondents and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners-Ram Milan Mishra, Uttam Mishra and Sachin Mishra with a prayer for quashing the impugned notices dated 03.06.2022 issued by the opposite party No.2 under Section 3(1) of U.P. Control of Goondas Act, 1970.
Learned counsel for petitioners submits that the impugned notices dated 03.06.2022 have been issued on the basis of two criminal cases. He further submits that Section 3(1) of U.P. Control of Goondas Act, 1970 shall be applicable only if there are reasonable grounds for believing that the accused are engaged or about to engage in commission of offence in the District or any part thereof. He further submits that Section 2(b)(i) clearly states that: "Goonda" means a person who either by himself or as a member or leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under Section 153 or Section 153-B or Section 294 of the Indian Penal Code or Chapter XV, or Chapter XVI, Chapter XVII or Chapter XXII of the said Code". He further submits that no evidence is coming forth that the petitioners are running a gang and, therefore, impugned notice dated 03.06.2022 under Section 3(1) of U.P. Control of Goondas Act, 1970 is illegal and issued without application of mind. Learned counsel for petitioners has further relied upon the judgment of the Full Bench of this Court in the case of Bhim Sain Tyagi Vs. State of U.P. and others reported in 1999 (39) ACC 321, wherein it has been held that: "if there has been reference of two or more incidents in the impugned notice, then the minimum legal requirement of Section 2(b)(i) would have been satisfied". Learned counsel for the petitioners has drawn our attention towards the order dated 03.05.2018 passed in Writ Petition No.11098 (M/B) of 2018, where the show cause notice which was issued under Section 3 of U.P. Control of Goondas Act, 1970 has been quashed and writ petition was allowed by a Co-ordinate Bench of this Court.
Learned Additional Government Advocate, on the other hand, opposed the prayer for quashing of the impugned notice dated 03.06.2022 and submitted that it is always open for the petitioners to file reply to the show cause notice before competent authority. He further submits that petitioners are indulged in criminal activity and there is every possibility that they are running a gang, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned notice dated 03.06.2022 and also considering the gravity of offence levelled against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the impugned notice dated 03.06.2022 as the writ petition against the said notice is not maintainable in view of the decision of Hon'ble Apex Court in the case of Executive Engineer State Housing Board vs. Ramesh Kumar Singh, AIR 1996 SC 691 and Jainendra @ Chhotu Singh vs. State of U.P. reported in 2007 (57) ACC 791 and also the judgment and order passed by this Court in Criminal Misc. Writ Petition No.869 of 2018; Pramod Katyayn vs. State of U.P. and others.
The writ petition is accordingly, dismissed. However, it shall be open for the petitioners to file reply to the show cause notices before the competent authority.
.
[Jaspreet Singh, J.] [Ramesh Sinha, J.]
Order Date :- 27.6.2022
lakshman
