Allahabad High Court
VIPIN KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The petition was dismissed as withdrawn, with liberty to re‑file.
Summary
Petitioner Vipin Kumar filed a criminal miscellaneous writ petition seeking a certiorari to quash an order dated 17.01.2026 and a notice dated 24.08.2024 issued by respondents under Section 3(1) of the U.P. Goondas Act, 1970. The petitioner alleged inherent mistakes in the petition and argued that they could not be remedied by a supplementary affidavit or amendment. The learned counsel for the petitioner requested that the petition be dismissed as withdrawn, allowing a fresh filing. The State, represented by the Advocate General, raised no objection to the petitioner's prayer. The High Court, after hearing counsel, dismissed the writ petition as withdrawn, granting liberty to re‑file, and ordered the return of the petition documents after photocopying.
Issues considered
- Whether the order and notice issued under Section 3(1) of the U.P. Goondas Act, 1970 can be quashed by a writ of certiorari.
Legislation cited
- U.P. Goondas Act, 1970 — s. 3(1)
Subjects
- writ petition
- certiorari
- U.P. Goondas Act
- section 3(1)
- petition dismissed
- withdrawn
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5126 of 2026
Vipin Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Kant Dubey, Santosh Kumar
Dubey
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard Mr. Santosh Kumar Dubey, the learned counsel for petitioner and
the learned A.G.A. representing State respondents 1,2,3,4 and 5.
2. Perused the record.
3. Petitioner Vipin Kumar has approached this court by means of present
Crl. Misc. Writ Petition with the following prayer:
"(i) Issue a writ, order or direction, in the nature of certiorary direcing the respondent
No. 2 and 3 to quash order dated 17.01.2026 passed by respondent No. 2 in Case No.
3357 of 2024, under Section 3(1) U.P. Goondas Act 1970, P.S. Araniya, District
Bulandshahr as well as notice dated 24.08.2024 issued by respondent 3 in Case No. D-
202411170003357 , under Section 3(1) U.P. Goonda Act, P.S. Araniya, District
Bulandshahr."
4. At the very outset, the learned counsel for petitioner submits that there are
inherent mistakes in the present writ petition and same can not be cured by
filing a supplementary affidavit or an amendment application, therefore, the
present writ petition be dismissed as withdrawn with liberty to file afresh.
5. Learned A.G.A. representing State respondents 1 to 5 has no objection to
the prayer made by learned counsel for petition.
6. In view of above, this writ petition is accordingly dismissed as withdrawn
with liberty aforesaid.
7. Certified copies of documents appended along with the present writ
CRLP No. 5126 of 2026
2
petition shall be returned to the learned counsel for petitioner after obtaining
photocopies of the same to be kept on record.
March 18, 2026
RPD
(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
Digitally signed by :-
RATAN PRAKASH DWIVEDI
High Court of Judicature at Allahabad
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