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2025 DAILYLAW 130012 (ALL)

VIJAY PRATAP SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

CRLP/2459/2025 · 2025-04-01

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17940-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2459 of 2025 Petitioner :- Vijay Pratap Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Birendra Pratap Singh,Anurag Shukla,Pankaj Shukla Counsel for Respondent : - G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. Supplementary filed today 2. The present petition has been filed with the following main prayers:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 5.3.2025 issued by the opposite party no. 2 as is contained in Annexure No. 1 to the writ petition. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to give effect to the impugned notice dated 5.3.2025 issued by the opposite party no. 2 as is contained in Annexure No. 1 to the writ petition." 3. Learned counsel for the petitioner submits that on the show cause notice dated 5.3.2025 challenged by the petitioner, final order has been passed on 27.3.2025 by the District Magistrate, Amethi by holding the same. 4. Learned counsel for the petitioner submits that against the order dated 27.3.2025, the petitioner has a remedy of filing an appeal before the Commissioner under Section 6 of the Uttar Pradesh Control of Goondas Act, 1970, (in short "Goondas Act") within fifteen days from the date of passing of such order. Learned counsel for the petitioner submits that he also wants to file interim application under Section 6 (3) of Goondas Act. 5. In view of above, the present petition is disposed of with a direction to the petitioner to file an appeal within 15 days from today along with interim application under Section 6 (3) of Goondas Act as stated above. If the same is filed, as directed, within the time prescribed, then the interim applicant shall be considered expeditiously and the appeal shall also be decided by the Commissioner in accordance with law within a period of six weeks from the date of filing of appeal. [Brij Raj Singh, J.] [Vivek Chaudhary, J.] Order Date :- 1.4.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench