In this criminal miscellaneous writ petition, the Supreme Court dismissed the plea for quashing the F.I.R. registered under Section 3 of the UP Control of Goondas Act, 1970. The court held that since the notice was issued on the basis of a solitary case, the petitioner could ventilate objections before the concerned authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5764 of 2019
Petitioner :- Rajat Singh Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Manvendra Narain Pathak, Shiv Lal Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Sanjay Tiwari, Advocate holding brief of Sri Shiv Lal, learned counsel for the petitioner, Sri A.N. Mulla, learned AGA and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 23.1.2019 registered as Case Crime No. D201902030000290 of 2019, under section 3(1) UP Control of Goondas Act, 1970 (State Vs. Rajat Singh) P.S. Meja District Allahabad (Prayagraj).
Learned counsel for the petitioner submits that notice under Section 3 of the Goonda Act has been issued on the basis of a solitary case.
If that be so, it is open for him to ventilate his objection before the authority concerned. There is no good ground to entertain this petition at this stage.
Accordingly, present petition is dismissed at this stage.
Order Date :- 1.3.2019
Ram Murti
1 issue framed by the court
Whether quashing of F.I.R. under Section 3 of the UP Control of Goondas Act is maintainable when notice was issued based on a solitary case.
1 provisions across 1 enactments
Rajat Singh
State of U.P.
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
