Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7429 of 2021 Petitioner :- Mohammad Shabir Raahi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Farooque Ansari Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed for quashing the notice dated 22.12.2020 issued by respondent no.2 under Section 3 of U.P. Control of Goonda Act, Police Station Kwarsi, District Aligarh in Case No.D202018020008311 and for a direction to respondent no.2 not to proceed with the aforesaid case.
Learned counsel for the petitioner has contended that the allegations are general in nature and in support of his submissions he has placed reliance on Full Bench judgment of this Court in Ramji Pandey v. State of U.P. & Ors., 1981 CrI.L.J. 1083.
Learned A.G.A. raised a preliminary objection to the maintainability of the writ petition on the ground that the petitioner has opportunity to submit reply to the impugned show cause notice raising all the objections including that of jurisdiction to issue notice before the competent authority in view of the law laid down by Hon'ble Supreme Court in Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr., (2004)3 SCC 440.
Considering the facts and circumstances of the case, we dispose of this writ petition with liberty to the petitioner to submit reply to the impugned show cause notice before the competent authority raising all the objections as may be available to him under law including that of jurisdiction. The authority concerned shall decide the objections in accordance with law by a speaking and reasoned order expeditiously, preferably within a period of two months from the date of submission of a copy of this order along with a copy of the reply, after affording opportunity to the petitioner, if the case is still pending.
It is made clear that this this Court has not expressed any opinion on merits of the case of the petitioner.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 SP/