Dr. Farookh Vs State of U.P. and 3 Others

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 1426 of 2021

Petitioner :- Dr. Farookh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Sawhney Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State-Respondents.

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This writ petition has been filed praying to quash the impugned notice dated 01.01.2021, issued by the respondent no.2Additional District Magistrate (Finance & Revenue), Bijnor, requiring the petitioner to submit his explanation.

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In the present writ petition, against the show cause notice, petitioner has remedy to submit his explanation before the authorities concerned. For challenging the show cause notice, writ petition is not maintainable unless shown notice is itself without jurisdiction. It cannot be demonstrate before us that notice is without jurisdiction and, therefore, we find no good reason to interfere with the impugned notice.

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In view of aforesaid, writ petition is disposed of, leaving it open for the petitioner to submit reply before authority concerned. In the event reply is submitted within two weeks along with copy of this order, the authorities concerned shall also pass an appropriate speaking order, expeditiously, preferably within next four weeks after affording reasonable opportunity of hearing to the petitioner. In case order has already been passed by the authorities concerned, then in that event copy of the order shall be given to the petitioner within three days from the date of production 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 and the petitioner is at liberty to raise all the objection before the authorities concerned as may be available to him under law, provided final order has not yet been passed.

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Order Date :- 18.2.2021

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T.S.

Dr. Farookh v. State of U.P. and 3 Others

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Dr. Farookh v. State of U.P. and 3 Others

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