Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10862 of 2019 Petitioner :- Siya Ram Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Zafar Abbas, learned counsel for the petitioner and Sri Rajesh Mishra, learned A.G.A. appearing for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order / notice dated 29.11.2018, passed/issued by the respondent no.2/Additional District Magistrate, Lalitpur, in Case No.D2018064500001006, under Section 3 of U.P. Control of Goondas Act(State Vs. Siya Ram), Police Station Jakhaora, District Lalitpur.
Keeping in view the nature of the impugned order and the contention as has been raised by learned counsel for the petitioner, the Court finds that the impugned order is in the nature of only show cause notice.
However, looking to the nature of impugned order, an opportunity is given to the petitioner to file reply/objection to the said notice before the District Magistrate concerned within a period of two weeks from today annexing therewith copy of the writ petition and copy of this order, which shall be heard and decided by means of a reasoned and speaking order within a period of four weeks thereafter.
Till the disposal of the said objection, no coercive action shall be taken against the petitioner, in pursuance of the impugned FIR.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 25.4.2019 VKG