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2025 DAILYLAW 50192 (ALL)

MOHAMMAD FARUKH @ FARUK v. STATE OF U.P. AND 2 OTHERS

CRLP/8666/2025 · 2025-05-08

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75783-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8666 of 2025 Petitioner :- Mohammad Farukh @ Faruk Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Om Vikram Singh Chauhan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This writ petition has been filed for quashing the impugned notice dated 03.04.2025 issued by the respondent no. 2 in Case No. D202503050000373 (State Vs. Mohammad Farukh @ Faruk), under section 3(1) of U.P. Control of Goondas Act, 1970. 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 two months 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.Till disposal of the objections, no coercive action shall be taken against the petitioner pursuant to the impugned notice. 5. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 9.5.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad