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2002 Supreme(All) 992

HIGH COURT OF ALLAHABAD
M.KATJU, K.N.SINHA
Rajey alias Raj Kumar
Versus
State of Uttar Pradesh
Cri.Misc.Writ Petn. 4443 of 2002
Decided On : 12 August 2002
Cri. Misc. Writ Petn. 4443 Of 2002

Advocates Appeared:
Kamal Singh Yadav,

A writ petition against a show cause notice should not ordinarily be entertained.

Headnote:

Show Cause Notice - U. P. Control of Goondas Act - The court dismissed the writ petition challenging a show cause notice under Section 3 of the U. P. Control of Goondas Act, citing previous decisions that the court ordinarily will not entertain a writ petition against a show cause notice as no adverse order has been passed.

Fact of the Case:

The petitioner challenged a show cause notice under Section 3 of the U. P. Control of Goondas Act.

Finding of the Court:

The court dismissed the writ petition based on previous decisions and the principle that a writ petition against a show cause notice should not ordinarily be entertained.

Issues: Challenge to show cause notice under Section 3 of the U. P. Control of Goondas Act.

Ratio Decidendi: The court relied on previous decisions and the principle established by the Honble Supreme Court that a writ petition against a show cause notice should not ordinarily be entertained.

Final Decision: The writ petition was dismissed.

( 1 ) HEARD learned counsel for the parties.

( 2 ) PETITIONER has challenged a show cause notice under S. 3 of the U. P. Control of Goondas Act. This Court in Writ Petition No. 4142 of 2002, Gore Lal v. State of U. P. decided in 31-7-2002, has held that this Court ordinarily will not entertain a writ petition against a show cause notice under Section 3 of the U. P. Control of Goondas Act because no adverse order has been passed. This Court has distinguished the Full Bench decision of this Court in case of Bhim Sain Tyagi v. State of U. P. reported in 1999 U. P. Cri R 417 : (1999 All LJ 1845) and the decision in the case of Ramji Pandey v. State of U. P. , (1981 All LJ 897 ). This Court relied upon the decision of the Honble Supreme Court reported in 1995 (8) JT 331 Executive Engineer, Bihar State Housing Board v. Ramesh Kumar Singh, AIR 1996 SC 691 (Vide Para 10) which held that a writ petition against a show cause notice should not ordinarily be entertained.

( 3 ) IN view of the above decision of the Honble Supreme Court and also of the decision of this Court in Gore Lals case (supra) the writ petition is dismissed. Petition dismissed.


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