The Allahabad High Court has sought the Uttar Pradesh Government’s response on the misuse of law while hearing a case wherein a show-cause notice had been served to a man under the Uttar Pradesh Control of Goondas Act, 1970 in a matrimonial dispute.
The Division Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal passed this order while hearing a Criminal Misc Writ Petition filed by Shiv Prasad Gupta. The show-cause notice dated February 23, 2021 under Section 3(1) of the Uttar Pradesh Control of Goondas Act, 1970 has been issued 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 is registered against the Petitioner.
The Court observed, “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 impugned notice. Thus, prima facie, 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 matrimonial dispute, which, prima facie, appear to be a mischievous act on the part of the authorities.”
Also Read: Madhya Pradesh High Court dismisses PIL for filing it without research
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 Uttar Pradesh 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, the Court ordered. The Court has fixed the next date of hearing on September 9.