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Neutral Citation No. - 2025:AHC:84057-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10212 of 2025 Petitioner :- Smt Gudiya Devi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sant Ram Nigam Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard Mr. Brijesh Srivastava, learned Advocate, holding brief of Mr. Sant Ram, learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material brought on the record.
2. By means of the present writ petition under Article 226 of the Constitution of India has been preferred with following principal reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first undated notice and second notice dated 03.12.2024 as contained in Annexure Nos.1 & 2 respectively to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus, commanding the opposite parties to consider and decide the applications dated 09.02.2025 and 19.03.2025 by passing appropriate order within some prescribed period as contained in Annexure No.4 collectively to this writ petition."
3. After arguing at some length, learned counsel for the petitioner is that the sole grievance of the petitioner is that earlier she has replied with detailed objection of the first undated notice issued by the respondent-Authority but much surprisingly, the respondent No.2 again in most arbitrary manner, issued the second notice dated 03.12.2024 which is nothing but an abuse of the process of the law.
4. On the other hand, learned A.G.A. for the State-respondents submits that grievance of the petitioner, if any, shall be ventilated in accordance with law.
5. Considering the aforesaid factual situation, we find that the first objection filed by the petitioner in response to the undated first notice is to be decided on merit within a period of ten days from the date of production of certified copy of this order and
only thereafter the respondent-Authority is at liberty to proceed further in accordance with law.
6. With the aforesaid mandate, the instant petition stands
disposed of.
7. It is made clear that this Court has not adverted into the merits of the case. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)
Order Date :- 20.5.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad