Allahabad High Court
Yunus vs State Of U P And 4 Others on 9 February, 2023
Bench: Anjani Kumar Mishra, Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 2186 of 2023
Petitioner :- Yunus
Respondent :- State Of U P And 4 Others
Counsel for Petitioner :- Pradeep Kumar Mishra
Counsel for Respondent :- G.A.
Connect with
Case :- CRIMINAL MISC. WRIT PETITION No. - 2190 of 2023
Petitioner :- Salman Qureshi
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Pradeep Kumar Mishra
Counsel for Respondent :- G.A.
And
Case :- CRIMINAL MISC. WRIT PETITION No. - 2200 of 2023
Petitioner :- Imran
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Pradeep Kumar Mishra
Counsel for Respondent :- G.A
And
Case :- CRIMINAL MISC. WRIT PETITION No. - 2206 of 2023
Petitioner :- Rizwan
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Pradeep Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J.
Hon'ble Anish Kumar Gupta,J.
Since the above petitions are identical in nature, therefore, with the consent of learned counsel for the parties they are taken up together and are being decided with a common order.
Heard learned counsel for the petitioners and learned AGA.
The writ petition no. 2186 of 2023 has been filed with a prayer to quash the impugned notice dated 6.12.2022 issued by respondent no.2-District Magistrate, Hapur in Case No. D202211730001132 (Petty Case No. 135/2022), State of U.P. Vs. Yunus, under Section 3/4 of the U.P. Control of Goondas Act, Police Station-Kotwali Nagar, District-Hapur.
The writ petition no. 2190 of 2023 has been filed with a prayer to quash the impugned notice dated 6.12.2022 issued by respondent no.2-District Magistrate, Hapur in Case No. D202211730001131 (Petty Case No. 137/2022), State of U.P. Vs. Salman Qureshi, under Section 3/4 of the U.P. Control of Goondas Act, Police Station-Kotwali Nagar, District-Hapur.
The writ petition no. 2200 of 2023 has been filed with a prayer to quash the impugned notice dated 20.12.2022 issued by respondent no.2-District Magistrate, Hapur in Case No. D202211730001250 (Petty Case No. 139/2022), State of U.P. Vs. Imran, under Section 3/4 of the U.P. Control of Goondas Act, Police Station-Kotwali Nagar, District-Hapur.
The writ petition no. 2206 of 2023 has been filed with a prayer to quash the impugned notice dated 14.12.2022 issued by respondent no.2-District Magistrate, Hapur in Case No. D202211730001251 (Petty Case No. 138/2022), State of U.P. Vs. Rizwan, under Section 3/4 of the U.P. Control of Goondas Act, Police Station-Kotwali Nagar, District-Hapur.
The basic contention of the learned counsel for the petitioners is that the said notices are bad in law as they do not contain the general nature of material allegations. This is particularly so, for the reason that if the notices dated 6.12.2022, 6.12.2022, 14.12.2022 and 20.12.2022, issued under Section 3(1) of the Act of 1970, do not conform to the mandatory requirements of the Statute, all proceedings, including the orders impugned, have to fall.
On the other hand, learned AGA has frankly and fairly accepted that the notices in the present cases do not set out the general nature of the material allegations against the petitioners. He faintly submitted the this defect in the notices will not handicap the petitioners in making their representation. He further submitted that it is evident from the notices itself that petitioners will resort to abuse and encourage the people for committing the anti-social activities. Petitioners have criminal history of one case and one beat report and the crime numbers and sections have also been mentioned in the impugned notices.
Learned counsel for the petitioners drew our attention to two Full Bench decisions in Ramji Pandey Vs. State of U.P. and others; 1981 Cri LJ 1083 and Bhim Sen Tyagi v. State of U.P. through D.M. Mahamaya Nagar, 1999 (2) JIG 192 (All) (FB).
In Ramji Pandey's case (supra), it has specifically been observed in paragraph 7 of the judgment that although the expression "material allegations" has not been defined by that Act, according to the dictionary meanings, the word "material" means "important and essential", "of significance". The word "allegation" means statement or assertion of facts. Thus, the notice under Section 3(1) should contain the essential assertions of facts in relation to the matters set out in clauses (a), (b) and (c) of sub-section (1) of Section 3 of the Act. It needs not refer to any evidence or other particulars or details. The names of witnesses, and persons who may have made the complaint against the person against whom action is proposed to be taken or the time, date and place of the offence committed by the person needs not be mentioned in the notice. There is a distinction between the "general nature of material allegations" and "particulars of allegations". In accordance with the former expression, the notice needs not give any details of the allegations, instead the requirement of law would be satisfied if the notice contains a general statement of facts which need not contain any details or particulars. In Ram Pandey's case, where there were allegations that, (a) the petitioner was a goonda, (b) his movements were causing alarm, danger and harm to the lives and properties of the persons within the circle of P.S.-Sikandarpur and there was reasonable ground for believing that he was engaged in the commission and abetment of offences punishable under Chapters XI, XII and XXII of the Indian Penal Code, and (c) the witnesses were not willing to give evidence against him by reason of apprehension on their part as regards their safety and danger to their persons and personal property. Regarding the aforesaid sub-paragraphs (a), (b) and (c), the material allegations of general nature were that there were various cases pending against the petitioner and the crime numbers and sections of those cases had been given in the notice and it was mentioned therein whether the petitioner had been convicted or acquitted in the cases or they were pending. In spite of mention of the crime numbers and sections and status of those cases, the notice in Ramji Pandey's case (supra) was held not to contain the general nature of material allegations and it was struck down.
In the present cases also, nothing more than mention of the crime numbers and sections is all that we find, instead of the general nature of material allegations. A list of case crimes/first information reports/beat report registered against the petitioners does not satisfy the test of a valid notice under Section 3(1) carrying the "general nature of material allegations". The notices, are in the teeth of the law laid down consistently by this Court; particularly, the Full Bench decision in Ramji Pandey (supra) and reiterated in Bhim Sain Tyagi (supra). A notice under Section 3(1) of the kind that is the foundation of proceedings here has been held in Bhim Sain Tyagi (supra) and in earlier decisions also, to violate the minimum guarantee of the opportunity that the Statute envisages for a person proceeded with/against under the Act of 1970. Thus, in these cases, the impugned orders, founded as it is, on a notice under Section 3(1) of the Act, stands vitiated by defects that go to the root of the matter.
In above terms, the writ petitions are allowed.
The impugned notices dated 6.12.2022, 6.12.2022, 14.12.2022 and 20.12.2022 are hereby quashed/set-aside as it is bereft of the general nature of material against the petitioners as is mandatorily required under Section 3(1) of the Act. However, the District Magistrate, Hapur shall be at liberty to issue a fresh notice in accordance with law.
No order as to costs.
Order Date :- 9.2.2023
SFH/Kirti
