The court dismissed a writ petition seeking to quash a show cause notice issued under Section 3(1) of the U.P. Control of Goondas Act, holding the petition not maintainable against such a notice.
The prayer for quashing the impugned show cause notice dated 4.10.2017 was dismissed.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16899 of 2018
Petitioner :- Pavan Saxena Respondent :- State Of U.P. And Another Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.D.Dwivedi, learned counsel for the petitioner, Sri N.K.Verma, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing the impugned notice dated 4.10.2017 issued by respondent no.2, Additional District Magistrate (Administration), Shahjahanpur in Case No.1932 of 2017, D2017126101932, u/s 3 (1) U.P. Control of Goondas Act, Police StationKotwali, District-Shahjahanpur.
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 :- 25.7.2018 NS
1 issue framed by the court
Whether a show cause notice alleging vague and general material allegations under the U.P. Control of Goondas Act can be quashed via a writ petition.
Colour shows how this judgement treated each authority
Executive Engineer State Housing Board v. Ramesh Kumar SinghDistinguished¶9
Executive Engineer State Housing Board v. Ramesh Kumar Singh, AIR 1996 SC 691 · Who else cites this
Jainendra @ Chhotu Singh vs State Of Uttar PradeshDistinguished¶9
Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791
Pramod Katyayn Vs. State of U.P. and othersDistinguished¶9
Criminal Misc. Writ Petition No.869 of 2018 Pramod Katyayn Vs. State of U.P. and others
1 provisions across 1 enactments
Pavan Saxena
State Of U.P
Additional District Magistrate (Administration), Shahjahanpur
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
