Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15560 of 2019 Petitioner :- Tinku Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rohit Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Dhanraj Singh Yadav, 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/show cause notice dated 15.4.2019 issued in case no. 1365 of 2017, under Section 3(1) of U.P. Control of Goonda Act, 1970, P.S. C.B.Ganj, District Bareilly.
Learned AGA has informed the Court that against the order passed under the provisions of Goondas Act, the petitioner has a remedy of filing an appeal before the Commissioner concerned.
Thus, keeping in the view the nature of the aforesaid contention as has been raised at the bar of this Court, no purpose will be served in keeping the matter pending before this Court.
Accordingly, we dispose of the present writ petition with the direction that the petitioner may move an appeal before the Commissioner, Bareilly raising all his grievances, annexing therewith copy of the present writ petition and copy of this order, within two weeks from today, and in case such an appeal is filed by the petitioner, then the Commissioner, Bareilly, will look into the matter and pass a reasoned and speaking order in the matter, within next two months in accordance with law.
Till the disposal of the said appeal, no coercive action shall be taken against the present petitioner in pursuance of the impugned order/show cause notice dated 15.4.2019. However, in case he is wanted in some other case this order will not be given effect to.
With the aforesaid observation, the writ petition is finally disposed of.
It is made clear that in case the petitioner does not move such an appeal before the Commissioner, Bareilly raising all his grievances, annexing therewith copy of the writ petition and copy of this order, within two weeks from today, the interim protection will stand automatically vacated.
Order Date :- 31.5.2019 Ujjawal