Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74358-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8501 of 2025 Petitioner :- Rizwan Hussain And Another Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioners and learned AGA for State respondents.
2. The instant writ petition has been preferred for quashing the show cause notice dated 2.1.2025 issued by District Magistrate, Sant Kabir Nagar-respondent no.2 under Section 3/4 of U.P. Control of Goondas Act, 1970, P.S. Kotwali Khalilabad, Distt. Sant Kabir Nagar.
3. At the very outset, learned AGA has raised objection regarding the maintainability of the writ petition on the ground that the instant writ petition has been preferred only against show cause notice. In the instant matter no final order has been passed. Without responding the said notice, the petitioners have straightaway approached this Court and as such the instant writ petition being premature is liable to be dismissed.
4. Considering the facts and circumstances of the case and without expressing any opinion on merits of the issue, the writ petition stands disposed of with observation that in case the petitioners file objection to the said show cause notice within one week, the same shall be considered and appropriate order will be passed by the authority concerned in accordance with law in three weeks, thereafter.
5. For a period of four weeks or till the disposal of the said objection, whichever is earlier, no coercive action shall be taken against the petitioners pursuant to impugned proceeding. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 7.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad