Neutral Citation No. - 2025:AHC:35967-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4624 of 2025 Petitioner :- Sumit Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Sandhya Kumari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Sri Sandip Tripathi, learned AGA for the State-respondents. 2. The present writ petition is preferred under Article 226 of the Constitution of India assailing the judgement and order dated 21.02.2025 passed by Police Commissioner, Gautam Budh Nagar/ respondent no.2 in Case No. 49 of 2024 ( State Vs. Sumit Sharma) under Section 2/3 U.P. Control of Goondas Act, 1970, P.S. Badalpur, District Gautam Budh Nagar. 3. Learned counsel for the petitioner vehementally contended that the impugned proceeding under Section 2/3 U.P. Control of Goondas Act, 1970 has been invoked in arbitrary manner only on the basis of two cases. 4. Learned counsel for the petitioner states that the order dated 21.02.2025 is liable to be set aside as the petitioner is not a habitual offender. 5. Learned counsel for the petitioner has also placed reliance upon the judgement of Division Bench in the case of Shankar Ji Shukla Vs. Ayukt Allahabad Mandal and others reported in 2005(52) ACC 638 and in the case of Lalani Pandey @ Vijay Shankar Vs. State of U.P. and others reported in 2011(1) A.Cr. J 207. 6. Per contra, learned counsel for the State resisted the relief on the premise, the Act 1970 is a self contained Act, the order impugned is subject matter of challenge has been passed by the Police Commissioner, Gautam Budh Nagar. Against the order impugned the petitioner is having the efficacious remedy to prefer an appeal before the Divisional Commissioner and once efficacious remedy is available to the petitioner, there is no reason or occasion to bye pass the statutory remedy. 7. Considering the factual circumstances as the petitioner is implicating in two cases, we are not inclined to advert on merit of the case, we leave it open to the petitioner in case such appeal along with stay application is preferred within a week's time, we hope and trust the same be considered on merit, but certainly after giving the opportunity of hearing to the State and the stay application is to be decided in further three weeks time and appeal may also be decided expeditiously. 8. With the aforesaid observation, the present writ petition is disposed of. Order Date :- 11.3.2025 Abhishek Sri. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad