Aneesh Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3115 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 813 of 2023
 

 
Petitioner :- Aneesh Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Petitioner :- Raj Priya Srivastava,Laxmi Saran Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

A notice dated 30.12.2022 under Section 3 of U.P Control of Goondas Act, 1970 has been issued to the petitioner and he was called upon to submit a reply up to 06.01.2023, which he has failed to do. The petitioner has instead chosen to assail the aforesaid notice issued to him.

Learned A.G.A. while placing reliance upon the judgment of this Court reported in 2021 (115) ACC 213 Kareem versus State of U.P and others has argued that in view of an alternative remedy being available to the petitioner, the maintainability of the writ petition is questionable.

At this stage, learned counsel for the petitioner has stated that the petitioners may be granted ten days' time to file a reply in response to the notice issued and until then or till the decision is taken upon his reply, no coercive measures shall not be adopted by the Judicial Authorities.

We, accordingly, provide that in case the petitioner files his reply in response to the notice within a period of ten days from today, no coercive measures shall be taken against him till decision of his reply given in response to the notice issued to him.

It is expected that the reply submitted by the petitioner shall be dealt with by passing a reasonable speaking.

The writ petition is, accordingly, disposed of.

Order Date :- 30.1.2023

Divya