Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7573 of 2021 Petitioner :- Ravi Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Gupta,Haidar Ali 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 show cause notice dated 12.08.2021 issued by Additional District Magistrate (Admn.) Prayagraj under Section 3(3) of U.P. Control of Goondas Act, 1970 in Computer Case no. D 2021102030004660 under Section 3(1) of U.P. Control of Goonda Act, P.S. Soraon, District Prayagraj as well as prayer for issuing direction to respondents not to take any coercive measure against the petitioner in pursuance of impugned show cause notice.
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.
Learned counsel for the petitioner, in support of his submission, has submitted that impugned show cause notice is not sustainable in the eyes of law and he has placed reliance upon the judgment passed by this Court in the case of Faheem vs. State of U.P. and another in Crl. Misc. Writ Petition no. 5477 of 2021, Atif Adnan vs. D.M. Faizabad and others in Misc. Bench no. 11098 of 2018 and Alwar Alias Ramesh Singh vs. State of U.P. and others in Crl. Misc. Writ Petition no. 6283 of 2021.
Considering the facts and circumstances of the case, we dispose off 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 within a week. 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 petitioners alongwith a self attested identity proof of the said persons (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 :- 28.9.2021 Dhirendra/