PRANAY VERMA
Ranjeet Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
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. a
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.
A show-cause notice does not constitute an infringement of rights, and a writ petition against it is typically premature unless jurisdictional issues are present.
A show cause notice failing to indicate the general nature of material allegations may be challenged and quashed under Article 226 of the Constitution of India with liberty to the respondents to issu....
Writ petitions against show cause notices are only entertained in cases of jurisdictional issues or violations of fundamental rights; otherwise, parties must respond to the notice and raise defenses.
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