This court dismissed a writ petition challenging a notice under the U.P. Control of Goondas Act, holding the notice is not an order under Section 3 attracting appeal rights under Section 6, directing the petitioner to file a reply.
The writ petition was consigned to the record against costs inherent in the order.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2643 of 2022
Petitioner :- Munawwar Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Praveen Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Learned counsel for the petitioner states that though an appeal has been preferred against the notice issued under Section 3 (1) of the U.P. Control of Goondas Act but the appellate authority is not passing any order in the matter.
From the perusal of the record it appears that what is challenged in the appeal is notice itself. Section-6 which provides for remedy of appeal talks of order passed under Section 3, 4 or 5 of the Act. The notice can not be treated to be an order in terms of Section-3 of the Act.
In view of the facts of the case the remedy of the petitioner would be to submit reply to the notice and only against the final order, if any, passed against the petitioner, he will have the remedy of preferring of an appeal.
The writ petition is, accordingly, consigned to record.
Order Date :- 14.3.2022 Haseen U.
Digitally signed by HASEENUDDIN Date: 2022.03.15 14:49:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an appeal lies against a notice issued under Section 3(1) of the U.P. Control of Goondas Act.
2 provisions across 1 enactments
Munawwar Khan
State Of U.P.
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
