Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 1687 of 2018 Petitioner :- Devendra Respondent :- State Of U.P.
Counsel for Petitioner :- Mr Tej Bhanu Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Tez Bhanu Pandey, learned counsel for the petitioner and Sri Irshad Husain, learned AGA for the State.
Present writ petition has been filed staying the further proceeding of Criminal Case No. 272 (State Vs. Devendra) which is in progress against the petitioner on the basis of notice issued against him on 10.2.2017 by the respondent no.2 under Section 3 of U.P. Control of Goondas Act, 1970. He has not yet filed his reply before competent authority.
Learned counsel for the petitioner submitted that as per the notice issued under the Gunda Act, two cases have been shown against the petitioner which have been lodged by the private respondent. He further submitted that in both the cases, the proceedings have been stayed by the State and interim order has been passed and there is a property dispute between the parties and civil litigation is also pending.
The learned AGA opposed the prayer for quashing of the notice and submitted that against the show cause notice, the writ petition is not maintainable and moreover, the petitioner has an opportunity to submit his reply before the authority concerned who may consider the same and pass appropriate order accordingly.
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 as well as of this Court in Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791.
The writ petition is accordingly dismissed on the ground of alternative remedy. However, it is always open to the petitioner to file reply to the show cause notice before competent authority.
Order Date :- 28.5.2018 Neeraj (Dinesh Kumar Singh-I, J). (Ramesh Sinha, J).