Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 3967 of 2018 Petitioner :- Binder Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for the petitioner and Sri A.R. Chaurasia, learned A.G.A. for the State and perused the record.
This writ petition has been filed with a prayer to quash the impugned notice dated 18.12.2017 issued by the respondent no. 2 in Case No. D-2017112705450 under Section 3/4 of U.P. Control of Goondas Act, 1970 at P.S. Dankaur, District Gautam Budh Nagar.
Learned counsel for the petitioner further submitted that there is manifest error in the said notice as the general nature of material allegations has not been mentioned by the respondent no.2 and only vague notice has been issued to him.
Learned AGA opposed the prayer for quashing of the impugned notice and submitted that it is always open to the petitioner to file reply to the show cause notice before competent authority.
We do not find any ground to quash the show cause notice as the writ petition against said notice is not maintainable in view of the decision of Hon'ble Apex Court in case of Executive Engineer State Housing Board v. Ramesh Kumar Singh, AIR 1996 SC 691 and Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791.
There appears to be no illegality in the impugned notice, hence, the writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 24.9.2018 A. Mandhani