Court disposed of the writ petition challenging a show-cause notice under the U.P. Control of Goondas Act, directing filing of an objection as per Bhim Sen Tyagi.
Directed petitioner to file objection before the authority concerned.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26060 of 2019
Petitioner :- Vijeet Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Gokaran Singh, learned counsel for the petitioner and the learned A.G.A.
The petitioner challenges a show-cause notice dated 18.4.2019, under Section 3(1) of U.P. Control of Goondas Act, 1970 P.S. Muhammadabad Gohana, Mau.
Learned A.G.A has raised a preliminary objection that the remedy available to the petitioner, is to show cause, which is objected by learned counsel for the petitioner in view of the Full Bench decision of this Court in Bhim Sen Tyagi vs. State of U.P., decided on 4.5.1998.
There is no good ground to entertain this writ petition.
The writ petition is disposed of with the direction that in the event the petitioner files an objection before the authority concerned, same shall be dealt with, in accordance with law and in the light of the observations made in Bhimsen Tyagi (supra).
Order Date :- 19.12.2019 Chandra
Vijeet Yadav
State Of U.P.
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
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