HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19173 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the petitioner; 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 show cause notice dated 21.07.2025 issued by the respondent no.2, District Magistrate, District Jalaun, under Section 3(1) of U.P. Control of Goondas Act, 1970 against the petitioner. 3. Learned counsel for the petitioner submits that the following cases have been registered against the petitioner:- (i). Case Crime No.151/2024, under Sections 406, 420 IPC, Police Station Konch, District Jalaun. (ii). Case Crime No.184/2024, under Sections 115(2), 352, 351(2) BNS, Police Station Konch, District Jalaun. (iii). Case Crime No.200/2024, under Sections 147, 323, 504, 506, 452 IPC, Police Station Konch, District Jalaun. (iv). Beat Information Report No.43 dated 22.06.2025. 4. Except the above cases, the petitioner has no other criminal antecedents and the disputes in two of the aforesaid cases are of purely civil nature. Versus Counsel for Petitioner(s) : Varun Tripathi Counsel for Respondent(s) : G.A. Gaush Muhammad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Out of the aforesaid first information report cases no. 151 and no. 184 registered in police station Kotwali Konch are lodged by the same person (Maan singh) and both of complainant and accused person are joint holder of property in araji no. 429 situated in village konch (Ander mue), Tashil konch District Jalaun. A photocopy of khatauni of gata no. 429 and khata no. 00042 fasli year 1425-1430 is being annexed herewith and marked as Annexure No.3 to this writ petition. 6. A civil suit regarding aforesaid gata no.429 is pending in the court of civil judge (junior Division) Konch, district, jalaun, original suit no.56 2024, CNR No. UPJL180011272024 (Maan singh versus Gaush Muhammed). A photocopy of the plaint along with summon is being annexed herewith and marked as Annexure No.4 this writ petition. 7. In respect of case crime no. 151 of 2024 in application under section 482 no. 33457 of 2024 the co ordinate bench of this honable court have already stayed the proceedings vide it's order dated 15/01.2025. For kind perusal of this hon'ble court a photocopy of the order dated 15/01/2025 passed by the coordinate bench is being annexed herewith and marked as Annexure No.5 to this writ petition. 8. Moreover case crime no.200 is also purely of financial dispute in which a settlement have been made among the parties through compromise affidavit and which has been already sent by the parties to the superintendent of the police through registered post dated 27/01/2025. A photocopy of compromise affidavit along with postal receipt is being annexed herewith and marked as Annexure No.6 to this writ petition. 9. Beat report relied upon by the respondents is vague, baseless, and prepared without any independent verification, solely with the object of initiating proceedings under the Act. 10. That the petitioner is a law-abiding citizen and is permanently handicapped with 40% disability, duly certified by the competent medical authority, and is incapable of indulging in any such CRLP No. 19173 of 2025 2 activity alleged in the impugned notice. 11. Learned AGA has opposed the submissions but could not dispute the facts of this case. 12. After hearing the rival contentions we find that none of above mentioned cases fulfill the definition of "Goonda" under Section 2 (b) of the Act and The expression of Goonda has been defined in Section 2(b) of Uttar Pradesh control of Goonda Act, 1970 which is as under: 2(b) "Goonda" means a person who- (i) either by himself or as a member of leader of a gang, habitually commits or attempts to commit, or abets the commission of an offence punishable under section 153 or Section 153-B or Section 294 of the Indian Penal Code XV, or Chapter XVI, Chapter XVII or chapter XXII of the said Code, or (ii) has been convicted for and offence punishable under the Suppression of Immoral Traffic in Women and Girls Act, 1956, or (iii) has been convicted not less than thrice for an offence punishable under the U.P. Excise Act, 1910 or the Public Gambling Act, 1867 or Section 25, Section 27 or Section 29 of the Arms Act, 1959 or (iv) is generally reputed to be a person who is desperate and dangerous to the community or (v) has been habitually passing incident remarks or teasing women or girls, or (vi) is a tout. 13. The statutory satisfaction under Section 3 (1) must be based on credible material showing danger to public order and not just number of FIRs. 14. FIRs in dispute springing from purely civil property disputes of private financial disputes don't satisfy purpose of Section 3 of the Act and Notices based on such cases deserve to be set aside as "trivial" or irrelevant to the Act's object." 15. In the case of Govardhan Vs. State of U.P., Criminal Misc. Writ Petition No.12619 of 2023 this Court 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. The impugned proceedings are also illegal in view of another judgment of this CRLP No. 19173 of 2025 3 Court in the case of Ravi Vs. State of U.P. and others passed in Criminal Misc. Writ Petition No.3277 of 2024. 16. In view of the above, impugned show cause notice is hereby quashed. 17. The writ petition is, accordingly, allowed. (Santosh Rai,J.) (Siddharth,J.) September 24, 2025 Radhika CRLP No. 19173 of 2025 4 Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad