Neutral Citation No. - 2025:AHC:13390-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 22994 of 2024 Petitioner :- Subhash Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hari Keshav 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 praying for the following relief: "i. Issue a Writ, Order or Direction in the nature of certiorari quashing the impugned order dated 28.11.24 passed by the Court of Joint Police Commissioner, Commissionarate Varanasi under section 3(1) of the U.P. Control of Goondas Act, 1970 in Case No. 256/2024 (State Vs Shubhash Yadav) Police Station: Manduadeeh, Commissionarate Varanasi (Annexure No. 7 to the Writ Petition). ii. Issue a Writ, Order or Direction in the nature of certiorari quashing the impugned notice dated 26.09.24 issued by the Court of Joint Police Commissioner, Commissionarate Varanasi under section 3(1) of the U.P. Control of Goondas Act, 1970 (Annexure No. 1 to the Writ Petition)." 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 order/ 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. 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 order/ show cause notice within a week from today before the competent authority raising all the objections as may be available to him under law including that of jurisdiction. 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 a copy of the reply, after affording opportunity of hearing to the petitioner, if the case is still pending. 5. Till the disposal of the objection, respondents are restrained to take any coercive action against the petitioner. 6. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. Order Date :- 27.1.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad