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Neutral Citation No. - 2025:AHC:90372-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10822 of 2025 Petitioner :- Adud Siddiqui Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Mishra 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 show cause notice dated 05.05.2025 issued by the respondent no. 2 in Case No. D202505200000565 (State v. Adud Siddiqui) under Section 3/4 U.P. Control of Gundas 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, without expressing any opinion on merits of the issue, we dispose off this writ petition with liberty to the petitioner to submit reply to the impugned show cause notice before the competent authority within one week 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 one month 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. For a period of one month or till the disposal of objection, whichever is earlier, no coercive action shall be taken against the petitioner pursuant to impugned notice. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 27.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad