Research › Search › Judgment

Allahabad High Court · body

2002 DIGILAW 997 (ALL)

Rajey alias Raj Kumar v. State of Uttar Pradesh

2002-08-12

K.N.SINHA, MARKANDEY KATJU

body2002
( 1 ) HEARD learned counsel for the parties. ( 2 ) PETITIONER has challenged a show cause notice under S. 3 of the U. P. Control of Goondas Act. This Court in Writ Petition No. 4142 of 2002, Gore Lal v. State of U. P. decided in 31-7-2002, has held that this Court ordinarily will not entertain a writ petition against a show cause notice under Section 3 of the U. P. Control of Goondas Act because no adverse order has been passed. This Court has distinguished the Full Bench decision of this Court in case of Bhim Sain Tyagi v. State of U. P. reported in 1999 U. P. Cri R 417 : (1999 All LJ 1845) and the decision in the case of Ramji Pandey v. State of U. P. , (1981 All LJ 897 ). This Court relied upon the decision of the Honble Supreme Court reported in 1995 (8) JT 331 Executive Engineer, Bihar State Housing Board v. Ramesh Kumar Singh, AIR 1996 SC 691 (Vide Para 10) which held that a writ petition against a show cause notice should not ordinarily be entertained. ( 3 ) IN view of the above decision of the Honble Supreme Court and also of the decision of this Court in Gore Lals case (supra) the writ petition is dismissed. Petition dismissed. . .