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2025 DAILYLAW 158660 (ALL)

BADAL SONI @ PANKAJ SONI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

CRLP/7612/2025 · 2025-09-11

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7612 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner and Shri Prem Shanker Trivedi, learned Additional Government Advocate for the State. 2. By means of this writ petition, the petitioner has prayed for the following reliefs: "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned (i) Order/ show cause notice dated 02.07.2025 passed by the Additional Commissioner of Police / Office of Magistrate East, Commissionerate Lucknow in Case No.89 of 2025, under Section 129G of B.N.S.S. (ii) Order/ show cause notice dated 28.05.2025 passed by the Court of Additional Commissioner of Police/ Office of the Magistrate, Ghazipur, Police Commissionerate, Lucknow in Case No.771 of 2025, under Sections 126/135 of B.N.S.S., contained as Annexure No.1 to the writ petition. (ii) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to give any effect of the order impugned in the writ petition." 3. Learned counsel for the petitioner has stated that in the garb of the impugned show cause notices, the petitioner is being harassed by the police authorities. He has further submitted that the petitioner shall submit his explanation to the aforesaid show cause notices. 4. Having considered the submissions of learned counsel for the parties, Versus Counsel for Petitioner(s) : Krishna Lal Yadav, Aparna Sinha, Awadhesh Kumar Counsel for Respondent(s) : G.A. Badal Soni @ Pankaj Soni .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Respondent(s) without entering into merits of the issue, liberty is given to the petitioner to submit his explanation to the aforesaid show cause notices within a period of ten days from today taking all pleas and grounds which are available with him and if such explanation is filed by the petitioner before the Competent Authority, the appropriate decision may be taken, strictly in accordance with law, within further period of six weeks from the date of receipt of a copy of this order along with explanation. 5. Till appropriate decision is taken, the petitioner may not be unnecessarily harassed pursuant to the impugned show cause notices. 6. In view of the aforesaid observations and directions, the instant writ petition is disposed of finally. September 11,2025 Suresh/ CRLP No. 7612 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench