Back
2023 Supreme(MP) 446
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Pranay Verma, J.
Ranjeet Singh – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 2666 of 2023
Decided On : 01-02-2023
S.K. Meena, Advocate, Valmik Sakargayen, Advocate
Final Result : Disposed Of
Opportunity for the petitioner to file a reply to the show cause notice and the final decision to be taken in accordance with the law.
Headnote:
Show Cause Notice - Challenge under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 - The court disposed of the petition with an observation that the petitioner may prefer a reply along with all requisite documents before the District Magistrate, Mandsaur, and the final decision shall be taken thereupon in accordance with law.
Fact of the Case:
The petitioner challenged the show cause notice issued to him under Section 5(b), 7 and 8 of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, claiming it to be mischievous and malafide.
Finding of the Court:
The court found that as only a show cause notice had been issued and the petitioner had the opportunity to file a reply, there was no necessity for interference at that stage.
Issues: Challenge to show cause notice under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990.
Ratio Decidendi: The court emphasized that the petitioner had the opportunity to file a reply to the show cause notice and that the final decision would be taken by the District Magistrate in accordance with the law.
Final Decision: The petition was disposed of with an observation that the petitioner may prefer a reply along with all requisite documents before the District Magistrate, Mandsaur, and the final decision shall be taken thereupon in accordance with law.
JUDGMENT
Pranay Verma, J. - Heard.
2. By this petition, the petitioner has challenged the show cause notice dated 28.12.2022 (Annexure P/1) issued to him under Section 5(b), 7 and 8 of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990.
3. Learned counsel for the petitioner submits that the impugned notice is wholly mischievous and malafide and has been issued only to harass the petitioner as no ground whatsoever has been made out for issuance of the same. It is the apprehension of the petitioner that the proceedings have been initiated with a pre-meditation of passing a final order against him.
4. At present only a show cause notice has been issued to the petitioner and he has the opportunity of filing reply to the same hence there does not appear to be any necessity for any interference at this stage.
5. This petition is thus disposed of with an observation that the petitioner may prefer a reply along with all requisite documents before the District Magistrate, Mandsaur. This Court has no reason to doubt that the reply / documents preferred by the petitioner shall be looked into objectively by the District Magistrate and final decision shall be taken thereupon in accordance with law.
C.c. as per rules.
