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Neutral Citation No. - 2025:AHC:49472-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6288 of 2025 Petitioner :- Golu @ Ashwani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shubham Srivastava,Sunil Kumar Srivastava 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 AGA for the State- respondent. 2. The present writ petition is preferred inter-alia for the following reliefs:-
"I. Issue a writ, order or direction in the nature of writ of certiorari to quash the order dated 18.02.2025 passed by Additonal Police Commissioner (Law and order)/Executive Magistrate Police Commissionerate Kanpur Nagar In Case No. 18 of 2025 State of U.P. versus Golu @ Ashwani, Under Section 3/4 U.P. Control of Goondas Act 1970, P.S. Chakari, Police Commissioner Kanpur Nagar. II. Issue a writ, order or direction in the nature of writ of Mandamus directing to respondents not taking any coercive measure in pursuance of order dated 18.02.2025 passed by Additional Police Commissioner (Law and order)/Executive Magistrate Police Commissionerate Kanpur Nagar In Case No. 18 of 2025 State of U.P. versus Golu @ Ashwani, Under Section 3/4 U.P. Control of Goondas Act 1970, P.S. Chakari, Police Commissioner Kanpur Nagar."
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. 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 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 further three weeks from the date of submission of a copy of this order along with a copy of the reply, after affording opportunity to the petitioner, if the case is still pending. 5.
It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. Order Date :- 7.4.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad