The court dismissed the writ petition seeking quash of a show cause notice under the U.P. Control of Goondas Act, 1970, directing the petitioner to submit a reply to the competent authority instead of hearing merits.
Petition dismissed; petitioner directed to submit reply to competent authority within three weeks.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17071 of 2020
Petitioner :- Aman Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Khare 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 to quash the show cause notice dated 09.07.2020 under Section 3(1) of the U.P. Control of Goondas Act, 1970.
We are of the view that against the impugned notice, proper course for the petitioner is to submit reply. In the case of Special Director and another vs. Mohd. Ghulam Ghouse and another, (2004) 3 SCC 440 (Paras-5 and 6), Hon'ble Supreme Court held as under:
6. In the instant case, the High Court has not indicated any reason while giving interim protection. Though, while passing interim orders, it is not necessary to elaborately deal with the merits, it is certainly desirable and proper for the High Court to indicate the reasons which have weighed with it in granting such an extra ordinary relief in the form of an interim protection. This, admittedly, has not been done in the case at hand."
In view of the aforesaid, the writ petition is dismissed without expressing any opinion on merits of the case of the petitioner. If the petitioner has not yet filed reply, he may submit his reply before the competent authority and in the event, such a reply is submitted within three weeks from today along with a copy of this order, then the reply shall be considered by the concerned authority and an appropriate order strictly in accordance with law, shall be passed after affording
reasonable opportunity of hearing to the petitioner. In the event, the authority concerned has already passed a final order, then it shall be communicated to the petitioner within a week.
Order Date :- 11.1.2021 NLY
1 issue framed by the court
Whether this writ petition should be entertained to quash a show cause notice under the U.P. Control of Goondas Act, 1970 or directed to be responded to by the petitioner.
Colour shows how this judgement treated each authority
Special Director and another vs. Mohd. Ghulam Ghouse and anotherExplained¶7
Special Director and another vs. Mohd. Ghulam Ghouse and another, (2004) 3 SCC 440 · Who else cites this
1 provisions across 1 enactments
Aman Upadhyay
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
