Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4584 of 2018
Petitioner :- Syed Mohsin @ Syed Mohd. Ahmad @ Mohsin Hasan
Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Rao Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.K. Rao, learned counsel for the petitioner, Sri R.K. Mishra, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
Present writ petition has been filed against show cause notice issued on 15.11.2017 to the petitioner under Section 3 (1) of U.P. Control of Goondas Act. He has not yet filed his reply 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 as well as of this Court in Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791.
The writ petition is accordingly dismissed on the ground of alternative remedy. However, it is always open to the petitioner to file reply to the show cause notice before competent authority.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.2.2018 Shiraz