Ramakant vs State Of U.P And 2 Others
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Allahabad High Court

Ramakant vs State Of U.P And 2 Others on 23 August, 2025

Bench: Siddharth, Santosh Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:146141-DB
 
Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18529 of 2025
 

 
Petitioner :- Ramakant
 
Respondent :- State Of U.P And 2 Others
 
Counsel for Petitioner :- Manish Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Siddharth,J.
 

Hon'ble Santosh Rai,J.

Heard learned counsel for the petitioner; learned A.G.A. for the State-respondents and perused the material on record.

This writ petition has been filed praying for quashing the Case No. 46/2025, dated 28.7.2025 under section 3(2) of the U.P. Control of Goondas Act, 1970, Police Station- Rabupura, District Gautam Buddh Nagar.

Learned counsel for the petitioner submits that the following cases have been registered against the petitioner:-

1. Case Crime No. 30 of 2023, under Sections- 323, 325, 504, 506 IPC.

2. Case Crime No.115 of 2025, under Sections 115(2), 351(3), 352, 117 (2) of B.N.S.

3. Beat Report No. 40 dated 24.06.2025.

4. Beat Report No. 51 dated 24.06.2025.

He has submitted that both cases have nothing to do with public peace, law and order and situation. It has been submitted that this Court in the case of Govardhan Vs. State of U.P., Criminal Misc. Writ Petition No.12619 of 2023 has held that by mere implication in one or two cases, accused does not becomes habitual offender and Goonda as per Section 2(b) of the Uttar Pradesh Control of Goondas Act, 1970. He has submitted that impugned proceedings are absolutely illegal in view of another judgment of this Court in the Case of Ravi Vs. State of U.P. and others passed in Criminal Misc. Writ Petition No.3277 of 2024.

Learned AGA has opposed the submissions, but could not dispute the arguments raised by learned counsel for the petitioners.

In view of the above, impugned notice is hereby quashed.

This writ petition is, accordingly, allowed.

This Court was inclined to impose cost of Rs. 2,00,000/- payable to the petitioner by the respondent no.3, Additional Commissioner of Police, Special Court, District- Gautam Buddh Nagar, but on the request of Ms. Manju Thakur, learned AGA-I, we have restrained ourselves. She has assured that such casual notice under the provision of U.P. Control of Goondas Act, shall not be issued in future by respondent no.3.

Order Date :- 23.8.2025

Atul kr. sri.