Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9241 of 2021 Petitioner :- Om Prakash Respondent :- State Of U.P And Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed for quashing the notice dated 19.08.2021 issued by the District Magistrate, Rampur in Case No.D202113590001309 under Section 3 (3) U.P. Control of Goondas Act, 1970 P.S. Patwai, Distt. Rampur.
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.
Order Date :- 29.10.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.11.08 10:32:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.11.08 10:34:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad