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2025 DAILYLAW 10880 (ALL)

RAMESH PASWAN @ RAMESH KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/1362/2025 · 2025-01-31

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14773-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1362 of 2025 Petitioner :- Ramesh Paswan @ Ramesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikalp Kumar Rai,Vivek Chaturvedi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. 2. This writ petition has been filed for quashing the impugned notice dated 30.11.2024 issued by the respondent no.2 in Case No.2739/2024 (Computerised No.D202415060002739), (State vs. Ramesh Paswan) under Section 3(1) UP Control of Gundas Act 1970, Police Station Jiyanpur, District Azamgarh. 3. Learned A.G.A. raised a preliminary objection to the maintainability of the writ petition on the ground that the petitioner has opportunity to submit reply to the impugned show cause notice raising all the objections including that of jurisdiction to issue notice before the competent authority in view of the law laid down by Hon'ble Supreme Court in Special Director and Anr. Vs. Mohd. Ghulam Ghouse and Anr., (2004)3 SCC 440. Thereafter, in case the petitioner is aggrieved by the decision of the Competent Authority, if any, he can assail the validity of the same before the Revisional Commissioner in accordance with law. 4. Considering the facts and circumstances of the case, we dispose off 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 in accordance with law by a speaking and reasoned order expeditiously, preferably within a period of three weeks from the date of submission of a copy of this order along with copy of the reply, after affording opportunity to the petitioner and till then, no coercive action shall be taken against the petitioner. Needless to say that in case the petitioner is further aggrieved by the decision of the Competent Authority, he can always assail the validity of the same before the Revisional Authority in accordance with law. Order Date :- 31.1.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad