High CourtsSingle Bench(2024) 11 UK CK 0089

Ankur Agarwal vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 8 November 2024

HON’BLE JUDGES
Pankaj Purohit, J
RESULT
Dismissed
CASE NUMBER
Writ Petition Miscellaneous Single No. 3061 Of 2024

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Judgment

5 paragraphs · 176 words

Pankaj Purohit, J

1.

Heard learned Counsel for the parties.

2.

By means of this writ petition, petitioner has put to challenge the order dated 06.09.2024 passed by respondent no.2-SDM Bazpur in Misc. Case No.11/05 year 2024 under Section 152 of Bhartiya Nagarik Suraksha Sanhita (Section 133 Cr.P.C.) whereby petitioner was issued a show cause notice to appear before respondent no.2 to submit why the order be not passed against him for removing the nuisance being created by running of stone crusher and water flown thereby in the fields damaging the crops.

3.

Since the petitioner has challenged the show cause notice purportedly issued under Section 152 of BNSS, this Court is not inclined to interfere in the matter. The appropriate course for the petitioner would be to appear before respondent no.2 and submit his case. The Court is also of the opinion that it is not such a case where extraordinary powers vested in it can be exercised.

4.

The petition is, accordingly, dismissed at the threshold itself. Pending application, if any, stands disposed of.