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Allahabad High Court
Subhash Chandra vs State Of U.P. And 3 Others on 19 June, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:98151-DB Court No. - 64 Case :- CRIMINAL MISC. WRIT PETITION No. - 12366 of 2025 Petitioner :- Subhash Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J.
Hon’ble Harvir Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
2. This writ petition has been filed for the following relief:-
“(i). issue a writ, order or direction in the nature of certiorari quashing the the impugned judgment and order dated 15.5.2025 passed by the District Magistrate, Kannauj in Criminal Case No. 426 of 2025 (State vs. Subhash Chandra) Computer Case No. D202503390000426, under Section 3(1) of U.P. Control of Goondas Act, 1970 related to Police Station-Vishungarh, District-Kannauj.
(ii). issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive measure against the petitioner in pursuant to the impugned judgment and order dated 15.5.2025 passed by District Magistrate, Kannuaj in Criminal Case No. 426 of 2025 (State vs. Subhash Chandra) Computer Case No. D202503390000426, under Section 3(1) of U.P. Control of Goondas Act, 1970 related to Police Station-Vishungarh, District-Kannauj and the externment of the petitioner from the limits of District Kannauj for a period of 6 months may also be stayed.
(iii). issue any other suitable writ, order or direction and/or further order which this Hon’ble Court may deem fit and proper under the circumstances of the case.”
3. Learned counsel for the petitioner submits that there are three cases registered against the petitioner, which are as follows:-
(i). Case Crime No. 36 of 2023, under Sections 186, 323, 332, 333, 353, 307, 427, 504, 506, 34 I.P.C., Section 7 Criminal Law Amendment Act and Section 3(2)(v) SC/ST Act, P.S. Vishungarh, District-Kannauj.
(ii). Case Crime No. 113 of 2022, under Sections 147, 148, 323, 336, 427, 452, 504 and 506 I.P.C., P.S. Vishungarh, District-Kannauj.
(iii). Case Crime No. 112 of 2023, under Sections 74/115(2), 352, 351(3), 118(1) of B.N.S., P.S. Vishungarh.
4. Learned counsel for the petitioner further submits that neither the petitioner is Goonda nor member of any gang or Gang leader. He is also not an habitual offender. The implication of the petitioner has been made in this case on account of village factional politics and without ascertaining the correct fact notice has been issued by the respondent no. 2/District Magistrate, Kannauj. He is already on bail in the above noted cases and he is facing trial.
5. Learned A.G.A. has opposed the submissions made by learned counsel for the petitioner.
6. After hearing the rival submissions, this Court finds that the petitioner does not appears to be an habitual offender and without properly considering his case he has been implicated under Section 3(1) of U.P. Control of Goondas Act, 1970.
7. Accordingly the order dated 15.5.2025 passed by the District Magistrate, Kannauj in Criminal Case No. 426 of 2025 (State vs. Subhash Chandra) Computer Case No. D202503390000426, under Section 3(1) of U.P. Control of Goondas Act, 1970 related to Police Station-Vishungarh, District-Kannauj is hereby quashed.
8. The writ petition is allowed.
Order Date :- 19.6.2025
Faridul
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