Suraj vs State Of U.P. And 3 Others
2023 Latest Caselaw 27917 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:195336-DB
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15863 of 2023
 

 
Petitioner :- Suraj
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sheetala Prasad Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard Sri Sheetala Prasad Pandey, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the show cause notice dated 18.08.2023 issued by respondent no. 2-Additional District Magitrate, Sant Kabir Nagar, under Section 3/4 U.P. Goondas Act, 1970.

Learned counsel for the petitioner submitted that a show cause notice dated 18.08.2023 was issued to the petitioner showing one case Crime No. 230 of 2022, under Sections 376D, 504, 506 I.P.C., Police Station Belhar Kala, District Sant Kabir Nagar in which police has submitted charge sheet. Learned counsel for the petitioner has relied upon a judgment of this Court in the case of Govardhan Vs. State of U.P. and others passed in Criminal Misc. Writ Petition No. 12619 of 2023 decided on 10.08.2023 whereby this Court has quashed impugned notice with certain directions. Taking into the entire circumstances, ratio of the aforesaid judgment is squarely covered in the present case.

Accordingly, the impugned show cause notice dated 18.08.2023 issued by Additional District Magistrate, Sant Ravidas Nagar, under Section 3/4 U.P. Goondas Act, 1970, Police Station Belhar Kala, District Sant Kabir Nagar (Annexure-1) is hereby quashed.

The writ petition stands allowed.

Order Date :- 10.10.2023

Rmk.