Prayagraj, August 5, 2025: The Allahabad High Court has quashed a show cause notice issued under the Uttar Pradesh Control of Goondas Act, 1970, against Shailendra Kumar by the Additional District Magistrate (ADM), Lalitpur. The Court observed that mere implication in two cases cannot bring a person within the definition of a “Goonda” under the Act.
Background of the Case
A Division Bench comprising Justice Siddharth and Justice Avnish Saxena heard the writ petition filed by Shailendra Kumar seeking quashing of the show cause notice dated June 30, 2025, issued by the ADM, Lalitpur. The notice was issued under Section 3 of the Goondas Act in relation to incidents at Police Station Kotwali, Lalitpur.
The notice was based on the following cases registered against the petitioner:
- Case Crime No. 150 of 2024 under Sections 389, 504, 506, 120B IPC and Section 67 of the I.T. Act.
- Case Crime No. 1042 of 2024 under Sections 352, 351(3) B.N.S.
- Beat Report No. 37 dated April 4, 2025.
Court’s Observations
The Court noted the petitioner’s contention that the notice was issued solely on the basis of two cases, which could not justify action under the Goondas Act. Referring to its earlier judgment in Goverdhan v. State of U.P. (Criminal Misc. Writ Petition No. 12619 of 2023), the Bench recalled that such notices had previously been struck down, as implication in only two cases does not fulfill the statutory definition of a “Goonda.”
The Bench reiterated that the settled legal position does not support issuance of such notices in similar circumstances. It further deprecated the practice of issuing such notices without proper basis.
Court’s Direction
Accordingly, the High Court quashed the impugned show cause notice and allowed the writ petition. The Court also directed the Additional District Magistrate, Lalitpur, who had issued the notice, to remain cautious in future while exercising powers under the Goondas Act.
A copy of the order was directed to be handed over to the learned Additional Government Advocate for compliance.
