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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21410 of 2026 Court No. - 47 HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioner challenging the impugned notice dated 05.05.2026 issued by respondent no.2- Additional District Magistrate (Finance and Revenue), Chandauli in Case No. D- 202614180000096, under Section 3(1) of U.P. Control of Goondas Act, 1970, Police Station Alinagar, District Chandauli. 3. Learned counsel for the petitioner has submitted that the petitioner is wholly innocent and has illegally been issued a notice under Section 3(1) of U.P. Control of Goondas Act. 4. Learned counsel for the petitioner has next submitted that general nature of material allegations has also not been stated in the impugned notice, which further renders the impugned notice highly vague and illegal and as such, the impugned notice is liable to be quashed. 5. Per contra, learned A.G.A. appearing for the respondents has vehemently opposed the aforesaid prayer and has submitted that by means of the impugned notice dated 05.05.2026, the petitioner has merely been served a Versus Counsel for Petitioner(s) : Wahaj Ahmad Siddiqui Counsel for Respondent(s) : G.A. Rajesh Goswami .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
show cause notice calling upon him to tender his explanation as to why in the facts and circumstances enumerated therein proceeding under Section 3(1) of U.P. Control of Goondas Act, be not initiated against him. 6. By the said notice, the petitioner was called upon to tender his explanation by 18.05.2026 and to disclose the name of any witness, which he would wish to examine in his defence, however, even after the lapse of more than four and a half months, the reply has not been tendered, instead the instant writ petition has been filed to quash the impugned notice. 7.
It is further submitted that vide police report dated 05.11.2025, which has been annexed as Annexure No.6 to the writ petition, general nature of material allegations in respect of the cases mentioned in the impugned notice has also been stated and as such, the said show cause notice cannot be said to be vague and illegal as submitted by learned counsel for the petitioner and as such, the instant writ petition is misconceived and is liable to be dismissed. 8. Having considered the rival submission made by learned counsel for the parties and taking into consideration the fact that the impugned notice is merely a show cause notice, which is required to be replied by the petitioner highlighting his stand in respect of the cases mentioned therein and furthermore, by the forwarding report dated 05.11.2025 submitted by the competent authorities including Station House Officer, Police Station Alinagar, concerned Circle Officer and Sub-Divisional Magistrate, Pandit Deen Dayal Upadhyay Nagar, general nature of material allegations in respect of each offence, on the basis of which, impugned notice has been issued, is clearly mentioned, however, the petitioner, instead of tendering his reply to the said notice, has directly approached this Court by means of present writ petition to quash the impugned notice, though an effective alternative remedy is available to the petitioner, which he has not availed even after the lapse of more than four and CRLP No. 21410 of 2026 2
a half months and therefore, in the backdrop of the aforesaid circumstances, we are of the opinion that the show cause notice served upon the petitioner, is just, proper and legal and do not call for any interference by this Court, leaving it open for the petitioner to avail the alternative effective remedy. 9. The instant writ petition lacks merits and is accordingly dismissed. September 30, 2026 Nadim CRLP No. 21410 of 2026 3 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad