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Vipin Singh vs State Of U.P. Thru Secretary Home, ...

High Court Of Judicature at Allahabad|11 February, 2021

JUDGMENT / ORDER

Hon'ble Rajeev Singh,J.
Heard Sri Awadhesh Kumar Tiwari, learned counsel for the petitioner, Sri S.P. Singh, learned AGA for the State and perused the material brought on record.
The relief sought in this petition is for quashing the impugned order/notice dated 13.11.2020, passed by Additional District Magistrate, Unnao, respondent no.2, in Case No.01899/2020, under Section 3/4 of U.P. Control of Goondas Act, 1970, State Vs. Vipin P.S. Gangaghat, District Unnao.
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 U.P. Control of Goondas 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.
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 and also judgement and order passed by this Court in Criminal Misc. Writ Petition No.869 of 2018 Pramod Katyayn Vs. State of U.P. and others.
The writ petition is accordingly dismissed.
However, it is open for the petitioner to file reply to the show cause notice before the competent authority.
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Title

Vipin Singh vs State Of U.P. Thru Secretary Home, ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 February, 2021
Judges
  • Ramesh Sinha
  • Rajeev Singh