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Neutral Citation No. - 2025:AHC:141654-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 16272 of 2025 Petitioner :- Kapil Kumar Dohare Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Santosh Rai,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 notice dated 18.6.2025 issued by Additional District Magistrate (Judicial), Etawah in Case Crime No.699 of 2025, under Section 3(1) of the U.P. Control of Goondas Act against the petitioner.
Learned counsel for the petitioner submits that the following cases have been registered against the petitioner:-
1. Case Crime No.363 of 2024, under Sections 115(2), 352, 351(3) B.N.S., Police Station Bakewar, District Itawah.
2. Case Crime No.239 of 2023, under Sections 504, 506 IPC, Police Station Bakewar, District Itawah
3. Beat Report No.42 dated 24.01.2025 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 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 petitioners. In view of the above, impugned notice is hereby quashed. The writ petition is, accordingly, allowed with cost of Rs. 30,000/- payable to the petitioner by the respondent no.1 [Principal Secretary Home (U.P.), Lucknow] within two months.
Registrar (Compliance) is directed to communicate this order to respondent nos. 1 and 2 within a week. Respondent no. 1 will report compliance of this order to the Registrar (Compliance) of this Court within ten weeks.
Order Date :- 19.8.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad