Raheem Khan vs District Magistrate, Barabanki ...
2023 Latest Caselaw 15670 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34792-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3814 of 2023
 

 
Petitioner :- Raheem Khan
 
Respondent :- District Magistrate, Barabanki And Others
 
Counsel for Petitioner :- Dinesh Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard Shri Dinesh Kumar, learned counsel for the petitioner, Smt. Ruhi Sidiqui, learned A.G.A. for the State/respondents and perused the material placed on record.

This writ petition has been filed by the petitioner with the following main prayers :-

"(i) Issue a writ, order or direction in the nature of Certiorari to quashing the impugned show cause notice dated 17/04/2023 in Case No.876/2023 Computerized case no.D-202304120001596, under section- 3(1) U.P. Control of Goondas Act, 1970, P.S. Safdarganj, District Barabanki, contained as Annexure No.1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite party no.1 to stay the proceeding in Case No.876/2023 Computerized case no.D-202304120001596, under section - 3 (1) U.P. Control of Goondas Act 1970, District Barabanki."

Learned A.G.A. has raised a preliminary objection regarding the maintainability of the writ petition and states that it is only the show cause notice, which needs to be replied by the petitioner. The petitioner has not yet submitted reply to the show cause notice. Learned counsel for the petitioner has submitted that notice has been issued against the law settled by this Court in Writ Petition No.12459 (MB) of 2018 ( Suresh Tewari Vs. State of U.P. and others) decided on 23.05.2018.

This Court has perused the judgment of the Division Bench.

The petitioner has not availed the statutory remedy as is available under law. This court is bound by the judgment rendered by the Hon'ble Apex Court in the case of N.P. Ponnuswami Vs. Returning Officer, AIR 1952 SC 64, where it has been held that where rights and liabilities are created under a statute and statutory remedy is provided therein, the statutory remedy should first be availed of before invoking the extra ordinary jurisdiction of this Court.

The writ petition is disposed of with the direction to the petitioner to file his objection/reply, if any, to the show cause notice dated 17th April, 2023, within one week from today.

If the District Magistrate, Barabanki has not already passed a final order, he shall consider the objection/reply of the petitioner in the light of law settled by the co-ordinate bench of this Court in the case of Suresh Tewari Vs. State of U.P. and others (supra) and pass appropriate orders, in accordance with law, within a period of one month thereafter.

Date :- 18.5.2023

ML/-