Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 17083 of 2020

Petitioner :- Vishal

Respondent :- State of U.P. and Another

Counsel for Petitioner :- Suresh Kumar Gupta

Counsel for Respondent :- G.A.

Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Chand,J.

Heard Sri S.K. Gupta, learned counsel for the petitioners and Sri Gambhir

Singh, learned AGA for the State and perused the record.

The relief sought in this petition is for quashing the impugned notice dated

25.06.2020, u/s 3 of U.P. Control Goondas Act 1970, District Kanpur Nagar

issued by Additional District Magistrate (Nagar), Kanpur Nagar-respondent

no.2.

Learned counsel for the petitioner submits that the petitioner has challenged the

show cause notice issued by the respondent no.2 under Section 3 of U.P. Control

of Goondas Act. There is manifest error in the said notice as the general nature

of material allegation has not been mentioned by the respondent no.2 and only

vague notice has been issued to him.

Learned AGA opposed the prayer for quashing of the impugned notice and

submitted that it is always open to the petitioner to file reply to the show cause

notice before competent authority.

We do not find any ground to quash the show cause notice as the writ petition

against said notice is not maintainable in view of the decision of Hon'ble Apex

Court in case of Executive Engineer State Housing Board v. Ramesh Kumar

Singh, AIR 1996 SC 691 and Jainendra @ Chhotu Singh vs State Of Uttar

Pradesh reported in 2007 (57) ACC 791 and also judgement and order passed

by this Court in Criminal Misc. Writ Petition No.869 of 2018 Pramod

Katyayn Vs. State of U.P. and others decided on 21.2.2018 and there appears

to be no illegality in the impugned notice.

The writ petition is accordingly dismissed.

Order Date :- 12.1.2021

PS

Digitally signed by Justice Ramesh

Sinha

Date: 2021.01.13 17:37:44 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad

Digitally signed by Justice Subhash

Chand

Date: 2021.01.13 17:41:00 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad