Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17239 of 2019 Petitioner :- Ramdev Respondent :- State Of U.P. And Another Counsel for Petitioner :- Pankaj Sharma,Om Prakash Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and the learned AGA and have been taken through the record.
By means of the present petition, the petitioner has invoked extra ordinary jurisdiction of this Court challenging a impugned cause notice dated 26.4.2019 issued by the respondent no.2 in Case No. D201916660000808 of 2019 (State versus Ramdev) under section 3(1) of the U.P. Control of Goondas Act, 1970, P.S. Myorpur, District Sonebhadra.
A perusal of the notice shows that it has described the petitioner as a Goonda who commits, or attempts to commit, or abets the commission of offences under chapters 16, 17 and 22 of the IPC, and his general reputation is that he is dangerous to the community, and that his activities have posed a threat to the life and property of the common people, who are afraid to lodge a report against the petitioner or to give evidence against him. Some cases have been cited to prop up the invocation of the provisions of the U.P. Control of Goondas Act against the petitioner.
It is submitted by the learned counsel for the petitioner that a show cause notice has been issued by the Additional District Magistrate, Sonebhadra under Section 3(1) of the U.P. Control of Goondas Act declaring the petitioner as goonda. The petitioner submits that on the basis of the notice it cannot be concluded that the petitioner is a goonda and that the general nature of material allegations are missing from the notice and it deserves to be quashed.
Learned A.G.A. has opposed the contention of the learned counsel for the petitioner by contending that the impugned notice has merely issued to direct the petitioner to submit his explanation and the petitioner instead of filing a reply/response to the show cause notice has directly approached this Court by means of the present writ petition. The petitioner has surpassed the alternative remedy available to him by filing a reply to the show cause notice. Learned A.G.A. has submitted that mere issuance of the show cause notice under the Goondas Act does not declare the petitioner as goonda. He further submits that filing of this writ petition against the impugned notice is not maintainable.
From the contentious arguments advanced by the learned counsel for the parties, it emerges that the petitioner without exhausting the remedy available to him before the Additional District Magistrate has directly approached before this Court. This Court does not think it fit to entertain the writ petition on the ground of alternative remedy.
The writ petition is, accordingly, dismissed as above.
Order Date :- 25.6.2019 A. V. Singh