Disposed

Mohd. Shaheem Alias Munna v. State of U.P. Thru. Secy. Deptt. of Home, Civil Sectt. Lko. and Others

Allahabad HC6 Jun 2024CRLP/4015/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the petitioner challenged notices issued under the U.P. Control of Goonda Act, 1970. The court stayed the operation of the notices pending the filing of counter and rejoinder affidavits and listed the matter for further hearing.

What did the court decide?

Effect and operation of the impugned notice are stayed pending further notice.

Mohd. Shaheem Alias Munna vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 2

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4015 of 2024

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Petitioner :- Mohd. Shaheem Alias Munna Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Baljeet Singh,Chandra Bhanu Sharma Counsel for Respondent :- G.A.

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Hon'ble Jaspreet Singh,J. Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the petitioner and learned AGA for the State-respondents.

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By means of the instant petition, the petitioner prays for the following main relief:-

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"i. Issue a writ, order or direction, in the nature of certiorari quashing the impugned notices dated 29.02.2024, issued by the opposite party No.2 as contained in Annexure No.1, to this writ petition. "

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The submission of learned counsel for the petitioner is that the notice has been issued by the ADM (Finance and Revenue) Ayodhya dated 29.02.2024, wherein on the basis of two cases bearing Case Crime No.103 of 2018 and 229 of 2022, under Sections 323, 504, 506 IPC and Section 352, 504, 506 IPC respectively and two complaints received with the beat of the police concerned dated 18.08.2023 and 20.08.2023 provisions of the U.P. Control of Goonda Act, 1970 are proposed to be invoked against the petitioner of which the notice under Section 3/4 of the U.P. Control of Goonda Act, 1970 has been issued.

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It is next submitted that in two cases, which have been mentioned in the notice, complainants of the both cases is Shri Ram Newaj son of Shitala Prasad. As far as the petitioner is concerned, he has already been involved in litigation with Shri Ram Newaj and in this context the petitioner had initiated proceedings under Section 24 of the U.P. Revenue Code, 2006, wherein Shri Ram Newaj has been arrayed as respondent No.5. It has further been submitted that the orders were passed by the SDM concerned, against which the complainant Ram Newaj had filed an appeal before the Commissioner, Ayodhya Division, Ayodhya under Section 207 of the U.P. Revenue Code, 2006, which is also engaging the attention. All these proceedings have been going on since 2017-18. In the aforesaid backdrop of the civil dispute, the alleged notice has been issued, which has no basis.

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Matter requires consideration.

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State shall file counter affidavit within a period of three weeks. Petitioner shall file rejoinder affidavit within 10 days thereafter.

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List on 29th July, 2024.

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Till the next date of listing, effect and operation of the impugned notice shall remain stayed.

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Order Date :- 6.6.2024 Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Shaheem Alias Munna v. State of U.P. Thru. Secy. Deptt. of Home, Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Mohd. Shaheem Alias Munna v. State of U.P. Thru. Secy. Deptt. of Home, Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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