CRIMINAL MISC. WRIT PETITION No. 5876 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:48230-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5876 of 2025 Petitioner :- Ram Kishan Halwai @ Maula Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar Verma Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,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 08.04.2021 issued by the respondent no. 2 i.e. Additional District Magistrate (Admin), District Kanpur Dehat in Case No. D202103400000545 (State versus Ram Kishan Halwai @ Maula) Under Section 3(1) of U.P. Gunda & Control Act, 1970, Police Station Derapur, District Kanpur Dehat. 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 file an appeal against the impugned judgment and order 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. Consid