(1.) Heard Sri Gaurav Kakkar, Sri S.D. Goswami, learned counsel for petitioners in support of their respective petitions, Sri Vimlendu Tripathi, learned A.G.A and perused the records.
(2.) Since common issues are involved in both the writ petitions, facts stated in Writ Petition No.6198/2015, is treated as a leading petition. Sri Tripathi, learned A.G.A. submits that there is no factual issue involved in the present petition, he does not propose to file any counter affidavit, instead has filed materials like police report and other documents, which are taken on record to which learned counsel for petitioners, have no objection. Thus, in terms of the Rules of the Court, both the petitions are being disposed of by a common judgment at the admission stage itself.
(3.) The moot question is whether petitioners could be proceeded under the provisions of U.P. Control of Goondas Act, 1970 on the basis of a solitary case. The issue has arisen amidst the following backdrop.