Raees vs State Of U.P. And 4 Others
2023 Latest Caselaw 5152 ALL

Citation : 2023 Latest Caselaw 5152 ALL
Judgement Date : 15 February, 2023

Allahabad High Court

Raees vs State Of U.P. And 4 Others on 15 February, 2023

Bench: Vivek Kumar Birla, Kshitij Shailendra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2187 of 2023
 

 
Petitioner :- Raees
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Pradeep Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Kshitij Shailendra,J.

Heard Shri Pradeep Kumar Mishra, learned counsel for the petitioner and Shri Sushil Upadhyay, learned State Law Officer.

The present writ petition has been preferred with the prayer to quash the impugned notice dated 06.12.2022 issued by the District Magistrate-Hapur, in Case No.D202211730001130 (Petty Case No.136/2022), State of U.P. v. Raees, under Section 3/4 U.P. Control of Goondas Act, Police Station-Kotwali Nagar, District-Hapur.

At the very outset, learned counsel for the petitioner submitted that the notices were issued on different dates with the identical allegation against five real brothers and, out of which, the notices issued against four brothers have been set aside by a Co-ordinate Bench of this Court with liberty to the authorities concerned to issue a fresh notices in accordance with law. In support of this contention, learned counsel for the petitioner has produced a copy of the judgement and order dated 09.02.2023 passed in Criminal Misc. Writ Petition No.2186 of 2023 (Yunus v. State of U.P. & 4 Ors.) alongwith the three connected matters. The operative portion of the judgment and order dated 09.02.2023 reads as follows:-

"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. "

Per contra, learned A.G.A. though submits that the petitioner may be set at liberty to file reply to the impugned notice, however, he could not dispute the aforesaid facts.

In such view of the matter, the instant writ petition stands allowed in terms of the judgment and order dated 09.02.2023 passed in Criminal Misc. Writ Petition No.2186 of 2023 (Yusus v. State of U.P. & 4 Ors.) alongwith the three connected matters.

Order Date :- 15.2.2023

Jyotsana