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Neutral Citation No. - 2025:AHC:81868-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9369 of 2025 Petitioner :- Ashish Awasthi Respondent :- State of U.P. and Another Counsel for Petitioner :- Sarvesh Kumar Pandey 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.
2. This writ petition has been filed for quashing the impugned notice dated 15.04.2025 passed by the respondent no. 2 in Case No. 57 of 2025 (State v. Ashish Awasthi) under Section 3/4 UP Control of Gundas Act 1970, Police Station Naubasta, Distt. 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 before the competent authority raising all the objections as may be available to him under law including that of jurisdiction within one week. The authority concerned shall decide the objections in accordance with law by a speaking and reasoned order expeditiously, preferably within a period of three weeks, thereafter, after affording opportunity to the petitioner, if the case is still pending.
5. For a period of four weeks, no coercive action shall taken against the petitioner pursuant to impugned notice.
6. 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 :- 16.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad