Court dismissed the writ petition without deciding merits, granting liberty to the petitioner to approach the competent authority to file a reply against the show cause notice, with a mandate for a speaking order within two months.
Liberty granted to petitioners to submit reply to show cause notice before competent authority.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6294 of 2021
Petitioner :- Abas Jawed And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Amish Kumar Srivastava,Suresh Kumar Srivastava
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.
This writ petition has been filed for quashing the show cause notice dated 01.04.2021 issued by the District Magistrate, Ghazipur in Case No. D-202114290000501, 202114290000527 (State Vs. Abas Jawed & State Vs. Akmal) under section 3 of U.P. Control of Goondas Act, 1970.
Learned A.G.A. raised a preliminary objection to the maintainability of the writ petition on the ground that the petitioners have 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 of this writ petition with liberty to the petitioners to submit reply to the impugned show cause notice before the competent authority raising all the objections as may be available to them 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 petitioners, if the case is still pending.
It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner.
Order Date :- 19.8.2021 Amit Mishra
2 issues framed by the court
Whether the petitioner should be granted liberty to submit a reply to the impugned show cause notice before the competent authority regarding jurisdiction and other objections.
Whether this Court should express an opinion on the merits of the petitioner's case.
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
Abas Jawed And Another
State of U.P. and Another
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
