HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23131 of 2025 Court No. - 46 HON'BLE SIDDHARTH, J. HON'BLE PRASHANT MISHRA-I, 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 impugned notice dated 07.08.2025 issued by respondent no.3 under Section 3(1) of the U.P. Control of Goondas Act, 1970, Police Station- Rajatalab, District- Varanasi. Learned counsel for the petitioner submits that the following cases have been registered against the petitioner:- (i). Case Crime No.185/2022, under Sections 457, 380, 511, 427 IPC, PS- Rajatalab, Varanasi. (ii). Case Crime No.189/2022, under Sections 41/411 IPC and 3/25 Arms Act, PS- Rajatalab, Varanasi. 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 Versus Counsel for Petitioner(s) : Diwan Saifullah Khan, Shama Parveen Counsel for Respondent(s) : G.A. Suraj .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 petitioner. 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. 5,00,000/- against the State, however, on the request of Sri Uday Prakash Srivastava, leaned A.G.A. this Court has restrained itself but a warning is issued to respondents to be careful in future otherwise the cost shall be imposed on the respondents if such implication is found to be made in the future. October 13, 2025 Saurabh CRLP No. 23131 of 2025 2 (Prashant Mishra-I,J.) (Siddharth,J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad