CRIMINAL MISC. WRIT PETITION No. 4624 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:35967-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4624 of 2025 Petitioner :- Sumit Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Sandhya Kumari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Sri Sandip Tripathi, learned AGA for the State-respondents. 2. The present writ petition is preferred under Article 226 of the Constitution of India assailing the judgement and order dated 21.02.2025 passed by Police Commissioner, Gautam Budh Nagar/ respondent no.2 in Case No. 49 of 2024 ( State Vs. Sumit Sharma) under Section 2/3 U.P. Control of Goondas Act, 1970, P.S. Badalpur, District Gautam Budh Nagar. 3. Learned counsel for the petitioner vehementally contended that the impugned proceeding under Section 2/3 U.P. Control of Goondas Act, 1970 has been invoked in arbitrary manner only on the basis of two cases. 4. Learned counsel for the petitioner states that the order dated 21.02.2025 is liable to be set aside as the petitioner is not a habitual offender. 5. Learned counsel for t