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2025 DAILYLAW 52439 (ALL)

PRADEEP BHARTI v. STATE OF U.P. AND 2 OTHERS

CRLP/8991/2025 · 2025-05-12

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78508-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8991 of 2025 Petitioner :- Pradeep Bharti Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Shri Ashutosh Kumar Mishra, learned counsel for the petitioner and Shri G.P. Singh, learned AGA-1 for State respondents. 2. The instant writ petition has been preferred for quashing the impugned show cause notice dated 03.08.2023 passed by respondent no.3 in Case No.5361 of 2023 (State v. Pradeep Bharti) under Section 3 (4) of U.P. Control of Gundas Act, 1970 (in short "Act, 1970") and for a direction to respondents not to take coercive action against the petitioner in his peaceful living within the territory of Distt. Aligarh. 3. At the very outset, learned AGA-1 has raised an objection qua the maintainability of the writ petition on three fold submissions. Firstly he submits that the instant writ petition is liable to be dismissed on the ground of delay and laches. He secondly submits that only show cause notice is challenged and nothing is brought on record to suggest that there is any final order passed under the Act, 1970. He thirdly submits that Act, 1970 is self-contained, wherein exhaustive procedure is provided and even against the externment order the petitioner is having efficacious remedy to prefer an appeal. It is also apprised, on the basis of instructions, that the petitioner had returned to his native place way back on 30.12.2024, therefore, at this stage, no cause of action survives. As such it is submitted that under the present facts and circumstances the instant writ petition is devoid of merit and liable to be dismissed. 4. Considering the factual situation, we find that at this stage no cause of action survives in the instant matter as nothing is brought on record to substantiate whether at any point of time externment order has been extended or not. Suffice to indicate, in case the petitioner indulges in any unlawful activity, it is always open to the respondents to proceed further in accordance with law. 5. The writ petition stands disposed of accordingly. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 13.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad