HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8601 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for the State-respondents. 2. Supplementary affidavit today is taken on record. 3. Under challenge is the notice dated 30.07.2025 issued by the respondent No.2, a copy of which is Annexure-1. The notice has been issued under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970. 4. Learned counsel for the petitioner contends that the notice has been issued by indicating that none of the witnesses are coming forward to depose against the petitioner, although, in the one case as registered against the petitioner under the provisions of the Dowry Prohibition Act, all the material witnesses have already been examined. 5. Admittedly, under sub section (3) of the Act 1970, the petitioner can submit his explanation to the said notice. 6. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to reply to the said notice within a week from today. 7. In case, the petitioner submits his reply to the said notice within the aforesaid stipulated period along with certified copy of this order, then the Versus Counsel for Petitioner(s) : Atul Verma, Akhilendra Pratap Singh, Mohd Agha Haider Rizvi, Vinod Kumar Yadav Counsel for Respondent(s) : G.A. Rajbahadur Rawat .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) competent authority shall proceed to consider the said reply and pass a reasoned and speaking order upon the same, which order would be passed within a period of four weeks on the date of receipt of the said explanation along with copy of this order provided by the petitioner. 8. It is also provided that the competent authority while considering the response and granting the reasonable opportunity to the petitioner shall not pay lip service to the provisions of the Act, 1970, so far as it grants right to the petitioner to defend his case and shall not act with the predetermined and mechanical mind but shall apply his mind duly, properly, objectively and effectively to the facts of the case and the material available before him, before deciding as to whether any of the actions as contemplated under sub section (3) of Section 3 of the Act, 1970 are required to be taken. October 8, 2025 Reena/- CRLP No. 8601 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench