Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9483 of 2021 Petitioner :- Sachin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Roshan Kumar Singh 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 show cause notice dated 16.7.2021 issued by the respondent no.2/Additional District Magistrate (Finance and Revenue), Kanpur Nagar in Case No. D2021034101271 (State Vs. Sachin) under section 3/4 of U.P. Control of Goondas Act, 1970, Police Station Kakwan, District Kanpur Nagar.
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 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 two weeks from today. The authority concerned shall decide the objections in accordance with law by a speaking and reasoned order expeditiously, preferably within a period of four weeks 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 persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 Jaswant