Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20867-DB
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1582 of 2025 Petitioner :- Pravez Respondent :- State of U.P. and Another Counsel for Petitioner :- Sikandar Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vipin Chandra Dixit,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 20.12.2024 passed by the respondent no. 2-District Magistrate, Bulandshahar under Section 3 (1) UP 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 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 of this writ petition with liberty to the petitioner to submit reply to the impugned notice 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.
5. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner. Order Date :- 13.2.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad