Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26593 of 2018 Petitioner :- Vivek Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Arvind Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners and learned AGA for the State and perused the record.
The relief sought in this petition is for quashing the impugned notice dated 16.8.2018 in Case No. 1533/2018 u/s. 3(1) Goonda Act, police station Jaswant Nagar, issued by District Magistrate, Etawah.
Learned counsel for the petitioner submits that the petitioner has challenged the show cause notice issued by the respondent no.2 under Section 3 (1) of Control of Goonda 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 decided on 21.2.2018 and there appears to be no illegality in the impugned notice.
The writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018/Madhurima