Petitioner sought to quash a notice under the U.P. Control of Goonda Act, 1970. The High Court held that due to efflux of time, the petition had become infructuous and dismissed it.
Writ petition dismissed as infructuous; interim order, if any, vacated.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 11409 of 2018
Petitioner :- Radhey Shyam Dubey Respondent :- State Of U.P. Thru. Prin Secy. Home And Ors. Counsel for Petitioner :- Indrajeet Shukla,S.C. Shukla Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioner with the following prayers :-
"(i.) A writ, order or direction in the nature of Certiorari to quash the impugned notice dated 12.03.2018, issued under section 3(1) of U.P. Control of Goonda Act, 1970 (hereinafter referred to as "the Act"), by District Magistrate, Goonda/respondent No.2, contained in Annexure No.1 to this writ petition.
(ii) a writ, order or direction in the nature of mandamus, commanding the opposite parties not to take any coercive action against petitioner in pursuance to impugned notice dated 12.03.2018, issued under Section 3(1) of U.P. Control of Goonda Act, 1970."
It appears that by efflux of time, the instant writ petition has become infructuous.
Accordingly, the present writ petition is dismissed as infructuous.
Interim order, if any, stands vacated.
However, it is open for the petitioner to move an appropriate application within two months from today, if the matter survives.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 8.3.2022 A.K. Singh
Digitally signed by ASHISH KUMAR SINGH Date: 2022.03.11 10:29:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Radhey Shyam Dubey
State Of U.P. Thru. Prin Secy. Home And Ors.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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