Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4525 of 2018 Petitioner :- Kanhaiya Singh Respondent :- State Of Up Through Secretary Home Up At Lucknow And 3 Others Counsel for Petitioner :- Ram Awtar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the petitioner and learned AGA for the State- respondents.
This petition for writ is preferred to challenge the notice issued under Section 3 of the U.P. Control of Gundas Act, 1970.
The submission of learned counsel for the petitioner is that the petitioner is not a habitual criminal and no proceedings under the Act of 1970 could have been taken place.
Suffice is to mention that a Division Bench of this Court vide judgment and order dated 21.2.2018 passed in Criminal Misc. Writ Petition No.869 of 2018, Pramod Katyan vs. State of U.P. and others, has already taken a view that the only requirement of law is to communicate the material allegations and which have already been referred in the notice impugned. Beside that it is also relevant to mention that the petitioner, under the notice impugned, was directed to file explanation before the competent Authority on or before 8.1.2018. The petitioner instead of giving an explanation to the Authority competent, filed this petition for writ on 19.2.2018.
We do not find any reason now to entertain this petition for writ on counts referred to above.
The writ petition is dismissed in terms of the judgment and order dated 21.2.2018 passed in the case of Pramod Katyan vs. State of U.P. and others (supra).
Order Date :- 23.2.2018 pk (Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)