High Courts

Dilip Kumar Sharma vs State of U.P.& Anr.

Allahabad High Court · Decided on 20 March 1996 · Citation: (1996) 03 AHC CK 0045

HON’BLE JUDGES
A.P.Misra, J and C.A.Rahim, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Control of Goondas Act, 1970 — Section 3(3)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous W.P No. 1016 of 1996
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Judgment

4 paragraphs · 127 words

A.P. Misra and C.A. Rahim, JJ.—Heard learned Counsel for the petitioner.

2.

Petitioner seeks quashing of the impugned notice under Section 3(3) of the U.P. Control of Goodan Act, 1970 dated 2321996 (Annexure1 to the writ petition).

3.

As agreed by the learned Counsel for the parties we are disposing of this writ petition finally at the state of admission even before exchange of affidavits. We find that the impugned notice is contrary to the law laid down in case Ramji Pandey v. State of U.P. reported in 1981 Cr. L.J. page 1081. Accordingly the aforesaid notice is heareby quashed. It is without prejudice of the right of the respondents to proceed in accordance with law.

4.

With the aforesaid observations, the writ petition is, accordingly allowed.