This court dismissed a writ petition seeking to quash a show cause notice under the U.P. Control of Goonda Act, holding the petition not maintainable after relying on Supreme Court precedent.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23216 of 2018
Petitioner :- Abdul Mateen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Ayub Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Ayub, leaned counsel for the petitioner and Sri Irshad Husain, learned AGA for the State.
This petition has been filed by the petitioner with a prayer to quash the impugned notice dated 2.11.2017 under section 3 of U.P. Control of Goonda Act bearing Case No. 360 of 2017 (Com. Case No. D-201701107991), arising out of Case Crime No. 118 of 2017 Police Station M.M. Gate, District Agra.
Learned counsel for the petitioner submits that the petitioner has challenged the show cause notice issued by the respondent no.2 under Section 3 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.
The writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 Puspendra
1 issue framed by the court
Whether a writ petition challenging a notice under U.P. Control of Goonda Act is maintainable for quashing the notice.
Colour shows how this judgement treated each authority
Executive Engineer State Housing Board v. Ramesh Kumar SinghReferred¶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 PradeshReferred¶9
Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791
1 provisions across 1 enactments
Abdul Mateen
State Of U.P.
2 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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