Writ petition challenging a police notice under Cr.P.C. dismissed as not maintainable unless jurisdictional defect is shown; petitioner directed to reply to notice.
Writ petition dismissed; petitioner left open to submit reply to the authority.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1490 of 2021
Petitioner :- Mohd. Waris And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Suresh Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed praying to quash the notice dated 25.12.2020, issued by the Additional City Magistrate (IV), Kanpur Nagar, under Sections 151, 107 & 116 Cr.P.C.
Learned A.G.A. has raised a preliminary objection as to the maintainability of the writ petition on the ground that writ petition against a notice is not maintainable unless it is shown that the notice itself is without jurisdiction. Therefore, the proper course for the petitioner is to submit reply to the notice.
We have carefully considered the submission of learned counsels for the parties and we find substance in the submission of learned A.G.A.
In view of the aforesaid, the writ petition is dismissed , leaving it open for the petitioner to submit reply before the authority concerned if the order has not yet been passed.
Order Date :- 28.7.2021/vkg
Mohd. Waris And Another
State of U.P. and Another
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
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