Rajesh Kumar & Anr. v. State Of U.P. And 2 Others

Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

The instant writ petition has been filed seeking quashing of the notice dated 19.06.2025 issued by respondent no.2 under Section 3 of U.P. Control of Goondas Act, 1970, Police Station Kagarol, District Agra.

Learned counsel for the petitioners has submitted that the impugned notice under Section 3 of U.P. Control of Goondas Act, 1970 is baseless and does not contain material allegations, as such, the impugned notice is bad in law and liable to be quashed.

Per contra, learned AGA has vehemently opposed the said prayer and submitted that the petitioners are involved as many as four criminal cases. The details of which has been given in the notice itself and the petitioners has been called upon to show cause as to why he be not externed. The petitioners instead of submitting his reply has approached this Hon'ble Court though he has an efficacious remedy to approach the authorities concerned and, as such, the present writ petition is not maintainable and is liable to be dismissed at this stage.

Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the aforesaid fact and circumstances, we are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India when the petitioner has an alternative and efficacious remedy to tender his reply to the said notice and, as such, the instant writ petition is devoid of merit and is liable to be dismissed.