Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15481 of 2019 Petitioner :- Keshavanand Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jai Prakash Prasad,Rakesh Kumar Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard 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 notice dated 20.4.2019 issued by the respondent no.3 in case no. D2019020300001826 under Section 3 (1) of U.P. Control of Goondas Act, 1970.
Keeping in view the nature of the impugned order and the contention as has been raised by learned counsel for the petitioner, the Court finds that the impugned order is in the nature of only show cause notice.
However, looking to the nature of impugned order, an opportunity is given to the petitioner to file reply/objection to the said notice before the Additional District Magistrate concerned within a period of two weeks' from today annexing therewith copy of the writ petition and copy of this order, which shall be heard and decided by means of a reasoned and speaking order within a period of four weeks thereafter.
It is directed that till the disposal of the said objection, no coercive action shall be taken against the petitioner. In case petitioner does not comply with the directions aforesaid, the interim protection granted him shall stand automatically vacated.
It is made clear that in case the final orders have already been passed, the present 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 any order has already been passed, the present order will not be given effect to.
Order Date :- 31.5.2019 Kuldeep