, writ petition challenging show cause notice under U.P. Control of Goondas Act dismissed; court granted liberty to petitioner to submit reply on merits and jurisdiction issues to competent authority within two months.
Liberty granted to petitioner to submit reply on show cause notice including jurisdictional objections to competent authority.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5824 of 2021
Petitioner :- Bilal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned A.G.A.
Supplementary affidavit dated 24.08.2021 filed today, is taken on record.
This writ petition has been filed for quashing the show cause notice dated 19.06.2021 issued by the respondent no.2 in Case No. 202113160001586/226, under section 3(I) of U.P. Control of Goondas Act, 1970, P.S. Nagina, District Bijnor.
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.
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.
It is made clear that this this Court has not expressed any opinion on merits of the case of the petitioner.
Order Date :- 24.8.2021 T.S.
1 issue framed by the court
Whether a writ petition for quashing a show cause notice under Section 3(I) of U.P. Control of Goondas Act is maintainable without exhausting opportunities before the competent authority.
Colour shows how this judgement treated each authority
Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr.Referred¶8
Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr., (2004)3 SCC 440 · Who else cites this
Bilal
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
