Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 17737 of 2019 Petitioner :- Faiyaj Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Dhirendra Pratap Singh, learned counsel for the petitioner and Sri G.P. Singh, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing the impugned notice dated 26.6.2018 issued by the Additional District Magistrate (City), Gorakhpur in Case No.D20185310001972203 (State vs. Faiyaj), u/s 3/4 U.P. Control of Goondas Act, police station Chiluataal, District Gorakhpur.
Learned counsel for the petitioner submits that the petitioner has challenged the show cause notice issued by the respondent no.2 under Section 3/4 U.P. Control of Goondas Act. There is manifest error in the said notice as the general nature of material allegation 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 and also judgement and order passed by this Court in Criminal Misc. Writ Petition No.869 of 2018 Pramod Katyayn Vs. State of U.P. and others decided on 21.2.2018.
The writ petition is accordingly dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2019 Deepika