Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15395 of 2019 Petitioner :- Usmaan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Km. Meena, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order/show cause notice dated 6.4.2019 issued by the respondent no. 3/District Magistrate, Rampur under section 3(3) of U.P. Control of Goondas Act, 1970, Police Station Tanda, District Rampur.
It has been informed that the petitioner has filed an appeal along with stay application before the Divisional Commissioner, Moradabad Division, Moradabad against the order dated 6.4.2019 which is pending.
Thus, keeping in 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 a direction that the petitioner may move an application before the Divisional Commissioner, Moradabad Division, Moradabad, 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 application is filed by the petitioner, then the Divisional Commissioner, Moradabad Division, Moradabad, will look into the matter and pass a reasoned and speaking order in the matter, within two months in accordance with law.
Till the disposal of the said application, no coercive action shall be taken against the present petitioner, in pursuance of the impugned order/show cause notice dated 6.4.2019. 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 application before the Divisional Commissioner, Moradabad Division, Moradabad, 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 :- 30.5.2019 Puspendra