HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 20459 of 2022 Petitioner :- Mohisin Raja Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Shukla,Brijesh Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed for quashing the impugned notice dated 17.10.2022 passed by the respondent no. 2 in Case No. 537/01 of 2022 (State vs. Mohisin), u/s 3 (1) UP Control of Gundas Act, Police Station Prem Nagar, District Bareilly.
Learned A.G.A. raised a preliminary objection to the maintainability of the writ petition on the ground that the petitioner has opportunity to submit reply to the impugned show cause notice raising all the objections including that of jurisdiction to issue notice before the competent authority in view of the law laid down by Hon'ble Supreme Court in Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr., (2004)3 SCC 440.
Considering the facts and circumstances of the case, we dispose of this writ petition with liberty to the petitioner to submit reply to the impugned show cause notice before the competent authority raising all the objections as may be available to him under law including that of jurisdiction as well as the judgments on which the petitioner relies on in his favour. The authority concerned shall decide the objections in accordance with law by a speaking and reasoned order expeditiously, preferably within a period of two months from the date of submission of a copy of this order along with a copy of the reply, after affording opportunity to the petitioner, if the case is still pending.
It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner.
Order Date :- 3.1.2023 Vivek Kr.