Allahabad HC Flags Omission Of 'General Nature Of Material Allegations' In 'Goondas Act' Notices, Seeks UP Govt's Affidavit

The Allahabad High Court recently stayed the operation of a show cause notice issued under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970, after observing that it did not disclose the "general nature of material allegations" against the petitioner/proposed goonda, which is a mandatory requirement. A bench of Justice Vivek Chaudhary and Justice Manish Kumar passed the order on July 14 while hearing a writ petition challenging the notice dated 25.06.2025 issued by the District Magistrate, Unnao. Briefly put, the petitioner had sought quashing of the impugned notice on the ground that it merely referred to FIR numbers and sections, without detailing the exact allegations against him. Citing this, it was argued that the notice was liable to be quashed. In its order, the Court observed that the legal position on what constitutes sufficient compliance in this regard has been settled since long by a Full Bench of the Court in Ramji Pandey vs. State of UP 1981 wherein it was held that held that there has to be more description than mere reference to FIR Number and Sections, under which a person is charged. This view, the Court further noted, had been affirmed by another Full Bench of five Judges in Bhim Sain Tyagi vs. The State of UP 1999. The Court also referred to the recent Division Bench judgment in Govardhan vs. State of UP 2023 LiveLaw (AB) 278, where the Court, while expressing 'strong displeasure' at the mechanical issuance of notices on a "prescribed printed proforma" without application of mind, had issued detailed directions to be followed by executive authorities across the State.Read more about the case here : UP 'Goondas Act' Being 'Rampantly Misused': Allahabad HC Directs UP Govt To Frame Uniform Guidelines For Its Invocation By Oct 31 Justice Chaudhary and Justice Kumar noted that despite such specific directions issued by this Court in the Govardhan case (supra), similar types of orders were still being passed by the District Magistrates. Accordingly, the Court directed the State Government to file a counter affidavit within 10 days, detailing the directions issued and steps taken in furtherance of the directions issued by the Division Bench of this Court in the Govardhan case (supra). The matter has been directed to be listed after four weeks. Meanwhile, the operation of the impugned notice dated 25.06.2025 has been stayed. However, the Court clarified it would remain open for the District Magistrate, in case he so desires, to issue a fresh show cause notice to the petitioner in accordance with law.Case title - Abhay Vishvkarma vs. State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 OthersClick Here To Read/Download Order

Allahabad HC Flags Omission Of 'General Nature Of Material Allegations' In 'Goondas Act' Notices, Seeks UP Govt's Affidavit

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