Shamsher vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 1296 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 239 of 2023
 

 
Petitioner :- Shamsher
 
Respondent :- State Of U.P. Thru. Aner to file his reply to the impugned show cause notice within a period of 10 days froddl. Chief Secy. / Prin. Secy. Deptt. Home Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Umesh Singh,Piyush Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and learned A.G.A.

By instituting these proceedings under Article 226 of the Constitution of India, the petitioner has challenged the notice issued to him under Section 3(1) of the U.P.Control of Goondas Act, 1970.

Learned counsel for the petitioner states that the notice has been issued against the petitioner only on the basis of one case, namely, Case Crime No. 87 of 2021, under Sections 363, 376, 452, 506 I.P.C. and Section 3/4 Protection of Children From Sexual Offences Act, Police Station Katka, District Ambedkar Nagar.

It has been submitted by the learned counsel for the petitioner that for terming a person as Goonda under the provisions of U.P. Control of Goondas Act, 1970, there has to be some satisfaction recorded by the authority concerned that the person is habitual offender and only on the basis of one criminal case, it cannot be said that the petitioner is habitual offender.

Be that as it may, since the impugned notice has been issued by the competent authority, we are not inclined to interfere the same at this juncture and accordingly, we dispose of this petition with the liberty to the petitioner to file his reply to the impugned show cause notice within a period of 10 days from today, taking therein all the pleas which may be available to him including the pleas based on the judgment in the case of Rahul Yadav Vs. State of U.P. and others, dated 03.02.2021, passed in Criminal Misc. Writ Petition No. 347 of 2021 and the judgment dated 26,08.2021, passed by this Court in the case of Faheem Vs. State of U.P. and another, reported in [2022(1) JIC 31 (All)].

Once the petitioner files his reply to the show cause notice within the time being stipulated under this order, the District Magistrate, Ambedkar Nagar shall consider the same and pass final orders addressing all the issues which may be raised by the petitioner in his reply.

We may make it clear that in case pursuant to the impugned notice, dated 13.10.22 if final orders have been passed by the District Magistrate, Ambedkar Nagar, this order will be of no avail to the petitioner.

Order Date :- 12.1.2023

Sanjay