The court dismissed the writ petition challenging a show cause notice under the U.P. Goondas Act, 1970, citing a precedent ruling that such challenges are not maintainable before this court.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1398 of 2021
Petitioner :- Govind Yadav Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
" A. Issue a writ, order or direction in the nature of writ of certiorari quash the notice dated 28.12.2020 passed by the Addl. District Magistrate, Chandauli in Pitty Case No. 1366 of 2020 (Computerized Case No. D202014180000839, (State of U.P. Vs. Govind Yadav) under section 3 (1) of U.P. Goondas Act, 1970.
B. Issue a writ, order or direction in the nature of mandamus to stay the effect and operation of the impugned notice dated 28. 12.2020 passed by the Additional District Magistrate, Chandauli in Pitty Case No. 1366 of 2020 (Computerized Case No.D202014180000839, (State of U.P. Vs. Govind Yadav) under section 3 (1) of U.P. Goondas Act, 1970."
We have considered the submissions of the learned counsels for the parties and we find that against the impugned show cause notice under Section 3(1) of the U.P. Control of Goondas Act, 1970, proper course for the petitioner is to submit reply before the authority concerned. Writ Petition to challenge the impugned show cause notice is not maintainable.
A similar writ petition being Criminal Misc. Writ Petition No.16347 of 2020 (Nigam Khari vs. State of U.P. and 2 others) , decided on 08.01.2021 involving challenge to the show cause notice under Section 3(1) of the U.P. Control of Goondas Act, 1970, has been dismissed by a detailed order leaving it open for the noticee to raise objections including question of jurisdiction before the appropriate authority.
In view of the aforesaid, we do not find any good reason to entertain this writ petition.
Consequently, the writ petition is dismissed leaving it open to the petitioner to submit reply and raise all objections, as may be available to him under law, before the authority concerned, within two weeks. In the event, reply is submitted within the stipulated period the authority concerned shall pass a reasoned
and speaking order in accordance with law, expeditiously, preferably within two months from the date of presentation of a copy of this order.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 10.2.2021 NLY
1 issue framed by the court
Whether a writ petition to challenge a show cause notice under the U.P. Goondas Act is maintainable.
Colour shows how this judgement treated each authority
Nigam Khari vs. State of U.P. and 2 othersReferred¶10
Criminal Misc. Writ Petition No.16347 of 2020 (Nigam Khari vs. State of U.P. and 2 others)
1 provisions across 1 enactments
Govind Yadav
State Of U P
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
