The Allahabad High Court took cognizance of a show-cause notice which had been issued in favor of an individual under the Uttar Pradesh Control of Goondas Act, 1970 in a matrimonial dispute.
In the instant case, a Criminal Writ Petition had been filed by the petitioner against whom charges under Sections 120-B, 323, 354, 498-A, 504, and 506 of Indian Penal Code, 1860 and Section 3 and 4 of Domestic Violence Act by his wife.
With respect of the charges levied against the petition, the Additional District Magistrate had issued a show-cause notice under Section 3(1) of the Goondas Act.
The High Court bench noted the definition of “goonda” prescribed in the act which defined it as a “person who himself or as a member of a gang habitually commits or abets commission of offence under Sections 153, 153-B, or 294 of Indian Penal Code.”
The bench then remarked that according to the impugned order, prima facie, the alleged acts of petitioner do not fulfill the essential ingredients to be covered under the jurisdiction of Goondas Act.
Furthermore, the bench observed that lately, the authorities have been found misusing their powers under the Goondas Act and have issued notices in irrelevant matters like matrimonial disputes. It also observed that such acts prima facie appear to be mischievous on part of the authorities
The bench directed the respondents (DM/ADM/Police) to file personal affidavits and indicate reasons behind initiating process under the Goondas Act, 1970 in a matter wherein the FIR had been lodged involving a matrimonial dispute.
In order to make sure such “mischievous acts” do not repeat, it directed the State of Uttar Pradesh to file an affidavit stating the steps which had been taken to rule out the occurrence of misuse of Uttar Pradesh Control of Goondas Act, 1970.
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