Ramesh vs State Of U.P. And Another
2021 Latest Caselaw 4812 ALL

Citation : 2021 Latest Caselaw 4812 ALL
Judgement Date : 26 March, 2021

Allahabad High Court

Ramesh vs State Of U.P. And Another on 26 March, 2021

Bench: Munishwar Nath Bhandari, Ajai Tyagi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2422 of 2021
 

 
Petitioner :- Ramesh
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Hanuman Prasad Kushwaha
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Ajai Tyagi,J.

By this writ petition, challenge is made to the notice dated 14.10.2020 under UP Control of Gundas Act, 1970 (for short 'the Act, 1970').

The petitioner was called upon to make a representation. It is informed that representation to the notice has already been given. No adverse order has yet been passed and this writ petition has been filed to challenge the show-cause notice.

A reference of the judgments passed in Crl.Misc. Writ Petition No.33069 of 2018 (Deepchandra vs. State of UP and 2 others) and Imran @ Abdul Quddus Khand vs. State of Uttar Pradesh, 2000 (1) ACC 171 has been given.

We have already decided the issue that if representation to the show-cause notice has been given and no adverse order has been passed, the writ petition would not be maintainable. It is more so when the notice not only contains description of a criminal case, but the allegation that petitioner has created fear due to which nobody dare to give evidence against him. It is also that he has created terror. The case may not have been lodged for the reason that nobody come forward to take a risk of lodging the FIR. The present case is not simplicitor in reference to cases lodged against the petitioner, but in reference to the other allegations as per the Act, 1970. Thus, the judgments referred above would not apply as therein the issue was dealt with only in reference to registration of one criminal case and not in reference to other allegations.

The notice impugned herein contained other allegations as given under the Act, 1970 and in reference to those allegations contained in paragraphs a, b & c of the notice, the judgment of this Court would not apply.

Accordingly, we do not find this writ to be maintainable.

It is, accordingly, dismissed. The representation against the notice would however be considered as per law and without basis.

Order Date :- 26.3.2021

LN Tripathi