Deepak vs State Of U.P. Thru. Prin. Secy., ...
2023 Latest Caselaw 16559 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36902-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3986 of 2023
 

 
Petitioner :- Deepak
 
Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Home, Lko. And Others
 
Counsel for Petitioner :- Arun Kumar Tewari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the material placed on record.

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

"(a) a writ, order or direction in the nature of Certiorari for quashing the impugned order/show cause notice dated 25.04.2023 passed by opposite party No.2, contained in Annexure No.1 to this writ petition.

(b.) a writ, order or direction in the nature of Mandamus thereby directing the opp. parties not to give effect to the aforesaid show cause notice dated 25.04.2023 issued by the opp. party no.2, in the interest of justice."

Learned A.G.A. has raised a preliminary objection and states that this writ petition has been filed only against a show cause notice and ordinarily no writ petition may be filed only against a show cause notice, unless the show cause notice is completely without jurisdiction.

Learned counsel for the petitioner has submitted that only on the basis of one criminal case the impugned show cause notice has been issued. He has referred to a judgment rendered by the Division Bench of this Court in the case of Monu @ Mohd. Saleem Vs. State of U.P. and others [Misc. Bench No.11855 of 2019, decided on 29.01.2020] and connected matters, a copy of which has been filed as Annexure No.3 to the writ petition, wherein a co-ordinate bench of this Court has expressed an opinion that only on the basis of one single offence/criminal case the provisions of U.P. Control of Goondas Act cannot be invoked.

This Court has perused the division bench judgment but is bound by the law as settled by the Hon'ble Supreme 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 under Article 226 of the Constitution of India.

The petitioner has not submitted any reply/objection to the notice dated 25.04.2023.

The writ petition is disposed of with the direction to the petitioner to file his objections along with a copy of the judgment he proposes to rely upon before the District Magistrate concerned within one week from today and if no order has already been passed by the District Magistrate, he shall consider the reply/objections of the petitioner along with the judgment of the co-ordinate bench, in accordance with law.

Order Date :- 24.5.2023

ML/-