Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15447 of 2019 Petitioner :- Gajendra @ Gajendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Punya Sheel Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Punya Sheel Pandey, learned counsel for the petitioner and Sri Rajesh Mishra, learned A.G.A. appearing for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order/show cause notice dated 11.04.2019 issued by the respondent no.3/District Magistrate, Etah, in under Section 3 of U.P. Control of Goondas Act, 1970, P.S. Marehara, District Etah. (Annexure-1 to this writ petition).
It has been informed that the petitioner has filed an appeal alongwith stay application before the Commissioner, Chitrakoot against the order dated 11.04.2019.
Thus, keeping in the view the nature of the aforesaid contention as has been raised at the bar of this Court, no purpose will be served in keeping the matter pending before this Court.
Accordingly, we dispose of the present writ petition with the direction that the petitioner may move an application before the Commissioner, Aligarh Division, Aligarh raising all his grievances, annexing therewith copy of the present writ petition and copy of this order, within two weeks from today, and in case such an application is filed by the petitioners, then the Commissioner, Chitrakoot, will look into the matter and pass a reasoned and speaking order in the matter, within two months in accordance with law.
Till the disposal of the said application, no coercive action shall be taken against the present petitioner, in pursuance of the impugned order/show cause notice dated 11.04.2019. However, in case he is wanted in some other case this order will not be given effect to.
With the aforesaid observation, the writ petition is finally disposed of.
It is made clear that in case the petitioners do not move such an application before the Commissioner, Aligarh Division, Aligarh, raising all his grievances, annexing therewith copy of the writ petition and copy of this order, within two weeks from today, the interim protection will stand automatically vacated.
Order Date :- 31.5.2019 VKG