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2021 Supreme(All) 1648

SURYA PRAKASH KESARWANI, PIYUSH AGRAWAL
Shiv Prasad Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R.V. Chaudhary, Prakash Chandra Srivastava.

JUDGMENT :

1. Heard Sri R.V. Chaudhary, learned counsel for the petitioner and Sri Roopak Chaubey, learned A.G.A. for the State-respondents.

2. Briefly stated facts of the present case are that the impugned show-cause notice dated 23.2.2021, under Section 3(1) of the Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as, 'the Act, 1970') has been issued by the Additional District Magistrate, Sonbhadra to the petitioner, mainly, on the ground that a Case Crime No. 52/2020, under Sections 498-A, 354, 323, 504, 506 and 120-B IPC and Sections 3/4 of Dowry Prohibition Act is registered against the petitioner.

3. In our order dated 3.9.2021, we observed/directed as under:

    ''We are constrained to observe that now, the authorities have started issuing notices under the Act, 1970 in matters relating to matrimonial dispute, which, prima-facie, appear to be a mischievous act on the part of the authorities.

A similar Criminal Misc. Writ Petition No. 5477 of 2021 was entertained by this Court and when the authorities were required to show-cause, then they withdrew the notices.

In view of the aforesaid, we direct the respondent Nos. 1, 2 & 5 to file their personal affidavits narrating

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