Sandeep Kumar vs State Of Up And 3 Others
2024 Latest Caselaw 17133 ALL

Allahabad High Court

Sandeep Kumar vs State Of Up And 3 Others on 14 May, 2024

Author: Ashwani Kumar Mishra

Bench: Ashwani Kumar Mishra

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:86237-DB
 
Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7738 of 2024
 

 
Petitioner :- Sandeep Kumar
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Vineet Singh Parmar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.
 

Hon'ble Mohd. Azhar Husain Idrisi,J.

1. Show cause notice under the Goondas Act is challenged as the material allegations in support of the alleged offence under the Goondas Act have not been specified in the notice. Reliance has been placed upon the judgment of 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). Reliance has also been placed upon the judgment of this Court in Criminal Misc. Writ Petition No. 5721 of 2024 wherein a similar petition has been allowed by the co-ordinate Bench relying upon the aforesaid judgment.

2. We have perused the impugned notice which only contains reference to petitioner's implication in Case Crime NO. 319 of 2022 as well as a beat report no. 68 dated 21.12.2023 and no details with regard to the material particulars have otherwise been furnished in the impugned notice as is required in view of the judgment of the Full Bench.

3. Faced with the above objection learned A.G.A. states that instead of keeping the writ petition, pending this Court may proceed to pass an appropriate order, by granting liberty to the State Authorities to proceed afresh, in accordance with law.

4. In that view of the matter, the petition succeeds and is allowed.

5. The impugned show cause notice dated 13.2.2024 issued under Section 3 of Uttar Pradesh Control of Goondas Act, 1970 by the respondent no. 3 stands quashed. It shall be open for the authorities to proceed afresh, keeping in view of the law laid down by the Full Bench in the aforesaid cases.

Order Date :- 14.5.2024

M. Tarik