Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15068 of 2019 Petitioner :- Khalid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Sri Mithlesh Kumar, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned show cause notice dated 09.5.2019 issued by the respondent no. 2/Additional District Magistrate (Finance & Revenue), Muzaffarnagar, in Case No. 175 of 2019 under section 3 of U.P. control of Goondas Act, 1970, Police Station Charthawal, District Muzaffarnagar (Annexure-1 to the writ petition).
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 respondent no. 2/Additional District Magistrate (Finance & Revenue), Muzaffarnagar, 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 by the authority concerned.
Till the disposal of the said objection, no coercive action shall be taken against the petitioner, in pursuance of the impugned notice. 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 petitioner do not move such an reply/objection before the authority concerned, raising all his grievance, annexing therewith copy of the writ petition and copy of this order, within two weeks from today, the interim protection granted in favour of the petitioner will stand automatically vacated.
Order Date :- 29.5.2019 Puspendra