Dismissed

Suleman @ Pirji v. State of U.P. and 2 Others

Allahabad HC11 Jul 2022A482/8145/2022

Case brief

AI extract

What is this about?

This judge dismissed an application under Section 482 Cr.P.C. challenging a show cause notice issued under Section 122(B) Cr.P.C. The court held that the correct remedy is to submit a reply to the notice, not to approach the High Court, citing Whirlpool Corporation.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed. The applicant was directed to approach the authority concerned and submit a reply to the show cause notice.

Suleman @ Pirji Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 80 Case :- APPLICATION U/S 482 No. - 8145 of 2022 Applicant :- Suleman @ Pirji Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Madhusudan Dikshit Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Madhusudan Dikshit, the learned counsel for applicant and the learned A.G.A. for State.

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Challenge in this application is to the order dated 19.1.2022 passed by opposite party 2 Sub Divisional Magistrate, Uoon, District Shamli in exercise of jurisdiction under Section 122 (B) Cr. P. C.

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At the very outset, learned A.G.A. contends that order impugned is in present application is a show cause notice issued to applicant. Remedy of applicant is to approach the authority concerned and submit his reply to show cause notice. Placing reliance upon the judgement of the Apex Court in Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others, (1998) 8 SCC 1, he contends that until and unless it is established that show cause notice issued to the party is without jurisdiction, same is not liable to be interfered with. As no foundation regarding the above has been laid, present application is liable to be dismissed.

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When confronted with above, learned counsel for applicant could not overcome the same.

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In view of above, no occasion arises before this Court to entertain the present application.

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Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, this Court finds that order impugned in present application is a show cause notice. Hence, remedy of applicant is to approach the authority concerned and submit his reply to the show cause notice and not by means of present application under Section 482 Cr. P. C.

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For the facts and reasons noted above, present application fails and is liable to be dismissed.

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It is, accordingly, dismissed.

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Order Date :- 11.7.2022/HSM

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Digitally signed by HARI SHANKER MISHRA Date: 2022.07.11 16:38:30 IST Reason: Location: High Court of Judicature at Allahabad

Suleman @ Pirji v. State of U.P. and 2 Others

Case brief

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Suleman @ Pirji v. State of U.P. and 2 Others

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