Pappan Kuraisi vs State Of U.P. And 2 Others
2018 Latest Caselaw 1140 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14246 of 2018
 

 
Petitioner :- Pappan Kuraisi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Brij Gopal,Rajiv Dwivedi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Brij Gopal, learned counsel for the petitioner, Sri A.K.Sand, learned AGA for the State and perused the record.

The relief sought in this petition is for quashing the impugned notice dated 16.4.2018, under Section 3 of U.P. Control of Goonda Act in Case No.28 of 2018/D-201801500000485 (State Vs. Pappan Kuraishi), P.S. Sadar Bazar, District Mathura.

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 Control of Goonda Act. There is manifest error in the said notice as the general nature of material allegation has not been mentioned by the respondent no.3 and only vague notice has been issued to him.

Learned AGA opposed the prayer for quashing of the impugned notice and submitted that there appears to be no illegality in the said notice and has drawn attention of the Court towards the recent judgment of this Court passed in the case of Pramod Katyayn Vs. State of U.P. and others decided on 21.2.2018.

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.

The writ petition is accordingly dismissed.

(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.

Order Date :- 30.5.2018/NS