Zakir Husain @ Bachchey Vs State of U.P. and Another

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 4641 of 2021

Petitioner :- Zakir Husain @ Bachchey Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohd. Asim Zulfiquar Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the petitioner and learned A.G.A.

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This writ petition has been filed for quashing the show cause notice dated 19.10.2020 passed by Additional District Magistrate City, Prayagraj, respondent no. 2 in Case No. D20200203000 (State Vs. Irshad Hussain alias Munney Bhaiya) under Section 3 (1) of UP Control of Goondas Act, Police Station Attarsuiya, District Prayagraj.

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Learned A.G.A. raised a preliminary objection to the maintainability of the writ petition on the ground that the petitioner has opportunity to submit reply to the impugned show cause notice raising all the objections including that of jurisdiction to issue notice before the competent authority in view of the law laid down by Hon'ble Supreme Court in Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr., (2004)3 SCC 440 .

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Considering the facts and circumstances of the case, we dispose off this writ petition with liberty to the petitioner to submit reply to the impugned show cause notice before the competent authority raising all the objections as may be available to him under law including that of jurisdiction. The authority concerned shall decide the objections in accordance with law by a speaking and reasoned order expeditiously, preferably within a period of two months from the date of submission of a copy of this order along with a copy of the reply, after affording opportunity to the petitioner, if the case is still pending.

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It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner.

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Order Date :- 16.8.2021 Rahul Dwivedi/-

Zakir Husain @ Bachchey v. State of U.P. and Another

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Zakir Husain @ Bachchey v. State of U.P. and Another

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