Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26566 of 2018 Petitioner :- Siraj Habib @ Sammu Respondent :- State Of U.P. And Another Counsel for Petitioner :- Adil Jamal,Rakesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Adil Jamal, learned counsel for the petitioner and Sri N.K. Verma, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing the impugned notice issued by respondent no. 2 in Case No. 92 of 2018, Computerized No.D201803410000 (State vs. Siraj Habib @ Sammu) u/s 3/4 U.P. Control of Goonda Act, P.S. Anwarganj, district Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner has challenged the show cause notice issued by the respondent no.2 under Section 3/4 of Control of Goonda Act. There is manifest error in the said notice as the general nature of material allegation has not been mentioned by the respondent no.2 and only vague notice has been issued to him. He has tried to demonstrate from a photocopy of the impugned notice which is on page 23 that does not contain correction which are mentioned in the certified copy of notice which is at page-27. It is further submitted that the impugned notice is undated.
Learned AGA opposed the prayer for quashing of the impugned notice and submitted that it is always open to the petitioner to file reply to the show cause notice before competent authority.
We do not find any ground to quash the show cause notice as the writ petition against said notice is not maintainable in view of the decision of Hon'ble Apex Court in case of Executive Engineer State Housing Board v. Ramesh Kumar Singh, AIR 1996 SC 691 and Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791.
The writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 AU