Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14174 of 2018 Petitioner :- Javed Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Gopal,Rajiv Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajiv Dwivedi, learned counsel for the petitioner and Sri A.K.Sand, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing the impugned notice dated 07.05.2018, under section 3 U.P. Control of Goondas Act in case no. 18 of 2018 /D-2001801500000497 (State vs. Jave), P.S. Sadar Bazar, district Mathura and also directing the respondent no.2 not to give effect the said notice.
Learned counsel for the petitioner submits that the petitioner has challenged the show cause notice issued by the respondent no.2 under Section 3 of Control of Goonda 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 AU