Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 24388 of 2019 Petitioner :- Manish Kumar Saroj @ Shyam Babu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Tiwari,K.S. Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri K.S. Tiwari, learned counsel for the petitioner and the learned A.G.A.
The petitioner challenges a show-cause notice dated 19.10.2019, passed by the Addl. District Magistrate, Mirzapur in Case No.347/D201916530001514 of 2019, under Section 3(1) of U.P. Control of Goondas Act, 1970 P.S. Bhogaon, Mainpur.
Learned A.G.A has raised a preliminary objection that the remedy available to the petitioner, is to show cause, which is objected by learned counsel for the petitioner in view of the Full Bench decision of this Court in Bhim Sen Tyagi vs. State of U.P., decided on 4.5.1998.
The writ petition is disposed of with the direction that in the event the petitioner files an objection before the authority concerned, same shall be dealt with, in accordance with law and in the light of the observations made in Bhimsen Tyagi (supra).
Order Date :- 28.11.2019 Chandra