Allahabad Sept 7(ILNS): The Allahabad High Court on September 03, sought the Uttar Pradesh Government’s response on the ‘misuse’ of Law under the Uttar Pradesh Control of Goondas Act, 1970 in a matrimonial dispute.
The Division Bench comprising of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal while hearing a Criminal Misc Writ Petition filed by Shiv Prasad Gupta seeking that a show-cause notice had been served to a man under the Uttar Pradesh Control of Goondas Act, 1970, in a matrimonial dispute.
The show-cause notice was issued on February 23, 2021, under section 3(1) of the Uttar Pradesh Control of Goondas Act, 1970 by the Additional District Magistrate, Sonbhadra to the Petitioner, mainly, on the ground that a case under sections 498-A, 354, 323, 504, 506 & 120-B IPC and sections 3/4 of Dowry Prohibition Act was registered against him.
The Court observed that, The criminal case registered against the Petitioner indicates some matrimonial disputes between the Petitioner and his wife. Section 2(b) of the Act, 1970 defines the word “Goondas”. Prima facie, it appears that none of the ingredients of section 2(b) of the Act, 1970 is present in the notice.
Thus, the notice appears to be issued without jurisdiction. We are constrained to observe that now, the authorities have started issuing notices under the Act, 1970 in matters relating to the matrimonial dispute, which, prima facie, appear to be a mischievous act on the part of the authorities, the court observed.
The Court directed the respondents to file their personal affidavits narrating the reasons for initiating proceedings under the provisions of the Act, 1970 in matters where the first information report arising out of matrimonial dispute has been lodged.
The State Of U.P. shall also file, along with the personal affidavit, the steps taken by them to rule out the repetition of such misuse of the Uttar Pradesh Control of Goondas Act, 1970 by the District Magistrates/Additional District Magistrates/Police in the State of Uttar Pradesh, the Court ordered.The Court has fixed the next date of hearing on September 09, 2021./ILNS/AP/SNG