Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7545 of 2018 Petitioner :- Kanja @ Gulam Husain Respondent :- State Of U.P. And Another Counsel for Petitioner :- Shyam Sunder Mishra Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
By means of the instant petition, the petitioner is challenging the show cause notice dated 06.09.2017 issued by the District Magistrate, Fatehpur in Case No. 490 of 2017 (State Vs. Kanja @ Gulfam Hussain) under Section 3 of the U.P.Control of Goondas Act, Police Station Kotwali, District Fatehpur.
Learned counsel for the petitioner contends merely on the basis of one case, being Case Crime NO. 281 of 2017 under Sections 147, 148, 149, 307, 354, 506 I.P.C., and Section 7 of Criminal Law Act, notice under the Goonda Act has been issued which is bad in law.
The petitioner has statutory remedy available to him to reply the said notice, which he may avail, if so advised.
With the aforesaid observation, this petition stands disposed off.
Order Date :- 28.3.2018 S.Ali