Ashwani Alias Ashwani Kumar vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1495 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 299 of 2023
 

 
Petitioner :- Ashwani Alias Ashwani Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
 
Counsel for Petitioner :- Chandra Shekhar Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and the learned State counsel.

Under challenge in this petition is the impugned notice dated 2.11.2022 issued by the Additional District Magistrate, Gonda under Section 3(1) of U.P. Goonda Control Act, 1970 whereby the petitioner has been called upon to furnish his reply.

Submission of the learned counsel for the petitioner is that the impugned notice has been issued only on the basis of one criminal case namely Case Crime No. 53 of 2022 under Section 354Kha, 504 IPC and 7/8 of Protection of Children from Sexual Offences Act , 2012 at P.S. Wazirganj, District Gonda and accordingly, the petitioner cannot be described as a goonda in terms of the provisions contained in the definition clause of the U.P. Goonda Control Act, 1970. He has placed reliance on various judgments of this Court including the judgment of a Division Bench of this Court in the case of Atif Adnan Vs. District Magistrate, Faizabad and others reported in [2018 (36)LCD 1628].

As to whether petitioner is habitual offender or not is to be considered and decided by the District Magistrate. Since the impugned notice has been issued by the competent authority, we are not inclined to interfere this petition which is hereby disposed of with the liberty to the petitioner to file a reply to the impugned show cause notice within 15 days from today taking all the pleas which may be available to him under law including the plea which is based on the judgment of this court.

In case, the petitioner furnishes his reply, the same shall be considered and decided by the authority concerned strictly in accordance with law and while doing so he shall address all the issues which may be raised by the petitioner.

However, in case the final orders have been passed by the authority concerned, this order will be of no avail to the petitioner.

Order Date :- 13.1.2023

AKK