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2025 DAILYLAW 159764 (ALL)

SANOJ YADAV @ PRADEEP YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

CRLP/7787/2025 · 2025-09-18

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7787 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Ram Naresh Yadav, learned counsel for the petitioner, Sri Girjesh Dwivedi, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. Learned AGA has produced undated instruction letter produced by the Sub-Inspector, P.S. Saadatganj, Lucknow and by means of instruction letter para-wise reply has already been given. 3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned show cause notice dated 4.8.2025 issued by the Commissioner of Police, Commissionerate, Lucknow in Case No. 165/26/2025, u/s 3 of U.P. Control of Goondas Act, 1970, P.S. Saadatganj, District Lucknow. 4. Learned AGA has drawn attention of this Court towards the impugned notice wherein in last three paragraphs it has been categorically indicated that on account of pending criminal cases against the petitioner the independent witnesses are not able to record their statement / evidence before the trial court and the proceedings of those cases are not running properly, therefore, the petitioner has been directed to appear before the court concerned furnishing his personal bond to the tune of Rs. 50,000/- and two sureties giving undertaking that he shall participate in the Versus Counsel for Petitioner(s) : Ram Naresh Yadav, Vineet Kumar Chaurasia Counsel for Respondent(s) : G.A. Sanoj Yadav @ Pradeep Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Respondent(s) proceedings pending against him and he shall also show the reason as to why he be not debarred for six months to enter into the territory of the district under the provisions of section 3 of Goonda Act, 1970. If the petitioner does not appear before the court concerned to participate in the proceedings, appropriate coercive steps may be taken against him. 5. Therefore, Sri Dwivedi has stated that till date the Goonda Act has not been imposed against the petitioner and opportunity has been given to the petitioner to submit his explanation to the authority concerned so that the appropriate order may be passed by affording him an opportunity of hearing. 6. On being asked from the learned counsel for the petitioner as to whether the petitioner has submitted his explanation pursuant to the aforesaid impugned order / notice, learned counsel for the petitioner has stated that till date the petition has not submitted his explanation, therefore, some reasonable time may be given to submit his explanation in terms of the notice / order. 7. Without entering in to the merits of the issue and having considered the submissions of learned counsel for the parties and perusing the material available on record, we are disposing of this writ petition at the admission stage giving liberty to the petitioner to submit his explanation to the competent authority within ten days from today taking all pleas and grounds which are available to him and if such explanation is filed within aforesaid stipulated time, the competent authority may pass appropriate order within two weeks strictly in accordance with law by affording an opportunity of hearing to the petitioner and the order passed may be communicated to the petitioner forthwith, if any consequential order has not been passed as on today. September 18, 2025 Om CRLP No. 7787 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench