Neutral Citation No. - 2025:AHC:145618-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 18540 of 2025 Petitioner :- Gaurav Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Manish Kumar Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. 1. Heard learned counsel for the petitioners; learned A.G.A. for the State-respondents and perused the material on record. 2. This writ petition has been filed praying for quashing the Case No. 47/2025, under section 3(2) of the U.P. Control of Goondas Act, 1970, Police Station- Rabupura, District Gautam Buddh Nagar. 3. Learned counsel for the petitioners submits that the following cases have been registered against the petitioners:- 1. Case Crime No. 30 of 2023, under Sections- 323, 325, 504, 506 IPC. 2. Case Crime No.115 of 2025, under Sections 115(2), 351(3), 352, 117 (2) of B.N.S. 3. Beat Report No. 40 dated 24.06.2025. 4. Beat Report No. 51 dated 24.06.2025. 4. 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. 5. Learned AGA has opposed the submissions, but could not dispute the arguments raised by learned counsel for the petitioners. 6. In view of the above, impugned notice is hereby quashed. 7. The writ petition is, accordingly, allowed. 8. This Court was inclined to impose cost of Rs. 2,00,000/- payable to the petitioners by the respondent no.3, Additional Commissioner of Police, Special Court, District- Gautam Buddh Nagar, but on the request of Ms. Manju Thakur, learned AGA-I, we have restrained ourselves. She has assured that such casual notice under the provision of U.P. Control of Goondas Act, shall not be issued in future by respondent no.3. Order Date :- 23.8.2025 Abhishek (Santosh Rai,J.) ( Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad