Jitendra vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 2498 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 15657 of 2017
 

 
Petitioner :- Jitendra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Ors.
 
Counsel for Petitioner :- Sudhakar Mishra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri Sudhakar Mishra, learned counsel for the petitioner, Sri R.K.Dwivedi, learned A.G.A. for the State and perused the material brought on record.

Present writ petition has been filed against show cause notice issued on 24.10.2016 under Section 3 of U.P. Control of Goondas Act to the petitioner by the District Magistrate, Raibareili in Case Crime No.177 of 2015, under Sections 363, 366, 376 I.P.C and Section 3/4 of POCSO Act, Police Station Kheero, District-Raibareili. He has not yet filed his reply 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 as well as of this Court in Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791.

The writ petition is accordingly dismissed on the ground of alternative remedy. However, it is always open to the petitioner to file reply to the show cause notice before competent authority.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 18.7.2017/NS