Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16111 of 2019 Petitioner :- Munna Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Dwijendra Prasad, learned counsel for the petitioner, Ms Archana Singh, learned AGA for the State-respondents and perused the material on record.
By means of this writ petition, petitioner has sought quashing of the order dated 31.10.2018 passed by Additional District Magistrate (F/R), Firozabad under Section 3 of the U.P. Gundas Control Act, 1970, P.S. Basai Mohammadpur, District Firozabad.
Initially a notice dated 3.10.2016.was issued to the respondent no. 3 under the provision of UP Gundas Control Act, 1970 on account of his involvement in various criminal activities, which was later on recalled by the competent authority vide order dated 28.8.2017 at the instance of respondent no. 3. The said order was challenged by the petitioner before this Court by filing Criminal Misc Writ Petition No. 25730 of 2017 (Muna Lal Vs State of UP and others), which was allowed by this Court vide order dated 25.7.2018 and the matter was remanded back to the District Magistrate for passing afresh order in accordance with law and pursuant to the said order, District Magistrate, after hearing both the parties at length discharged the notice dated 3.10.2016 issued against respondent no. 3 vide order dated 31.10.2018.
It is contended by learned counsel for the petitioner that the competent authority has not considered the case registered against respondent no. 3 and the impugned order discharging the respondent no. 3 without any reason is bad in the eyes of law.
From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that impugned order passed by competent authority suffers from manifest illegality, irregularity or perversity and require any interference in writ jurisdiction by this court. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court under the writ jurisdiction.
The prayer for quashing the impugned order is refused. Accordingly, the writ petition is hereby dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh