Chandan Maurya vs State Of U.P. And Another
2024 Latest Caselaw 36447 ALL

Allahabad High Court

Chandan Maurya vs State Of U.P. And Another on 6 November, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173844-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18384 of 2024
 

 
Petitioner :- Chandan Maurya
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Anil Kumar Dubey,Chandra Bhan Dubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record.

2. This writ petition has been filed for staying the effect and operation of the impugned notice dated 23.07.2024 under Section 3 of the U.P. Control of Gunda Act issued by the respondent No.2 .

3. After arguing at some length, learned counsel for the petitioner in support of his submission has placed reliance upon the judgment and order dated 20.2.2023 passed by a co-ordinate Bench of this Court in Criminal Misc. Writ Petition No. - 2895 of 2023 (Idu Ali Vs. State of U.P. and Another), wherein, Division Bench of this Court has quashed the impugned notice Under Section 3 of the U.P. Control of Goondas Act. Learned counsel for the petitioner further submits that till date the proceedings qua the impugned notice issued under Section 3 of the U.P. Control of Goondas Act has not been finalized.

4. On the other hand, learned A.G.A. is having no objection if the petitioner wishes to file objection/reply against the impugned notice and he also very fairly conceded the fact that the same shall be decided in view of the mandate given by a Division Bench of this Court in Idu Ali (Supra).

5. Considering the facts and circumstances of the case, we dispose of this writ petition with liberty to the petitioner to submit reply to the impugned show cause notice before the competent authority raising all the objections as may be available to him under law including that of jurisdiction. In case any such objection is filed within ten days from today, the authority concerned shall decide the objections keeping in view of the mandate given by a Division Bench of this Court in Idu Ali (Supra) by a speaking and reasoned order expeditiously, preferably within a period of two months from the date of submission of a copy of this order along with copy of the reply, after affording opportunity to the petitioner.

6. It is provided that till the disposal of the objection/reply filed by the petitioner against the impugned notice under Section 3 of the U.P. Control of Goondas Act, no coercive measure shall be adopted against him.

Order Date :- 6.11.2024

Sachin