The High Court dismissed a preliminary maintainability challenge to a writ petition seeking quashing of a show cause notice under the UP Control of Goondas Act, allowing the petitioner to file a reply before the issuing authority.
Liberty to submit reply to the show cause notice within ten days before the competent authority.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 16958 of 2022
Petitioner :- Sumit @ Soni Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nasiruzzaman,Mohit Kumar Jaiswal
Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed for quashing of the show cause notice dated 7.9.2022, passed by respondent No.3, Addl. District Magistrate (City), Aligarh under Section 3 of The Uttar Pradesh Control of Goondas Act, 1970 in Case Crime No. 225 of 2022 (D202218020006162), P.S. Gandhi Park, District Aligarh.
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 and delay, 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 petitioner to submit reply to the impugned show cause notice before the competent authority within ten days from today, raising all the objections as may be available to him under law. The authority concerned shall decide the objections in accordance with law by a speaking and reasoned order, expeditiously, preferably within a period of three weeks from the date of submission of a copy of this order along with a copy of the reply, after affording an opportunity to the petitioner.
It is made clear that this this Court has not expressed any opinion on merits of the case of the petitioner.
Order Date :- 23.11.2022
n.u.
Digitally signed by NASEEM UDDIN Date: 2022.11.23 17:10:11 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr.Followed¶8
(2004)3 SCC 440 · Who else cites this
1 provisions across 1 enactments
Sumit @ Soni
State Of U.P.
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
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