VIKAS BAKSHI Vs. STATE & ORS

JUDGEMENT

(1.) Aggrieved by the issuance of show cause notice dated 20.03.2014 issued under Section 50 of Delhi Police Act by Addl. DCP, South-East Distt., the Petitioner Vikas Bakshi has preferred the present writ petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus and writ of certiorari or any other writ of like nature for quashing of the aforesaid notice. The Petitioner has further prayed for protecting his life, liberty and freedom of movement and also for issuance of necessary directions to the Respondents for not creating any hindrance in the free movement of the Petitioner.

(2.) At the outset, while submitting on the aspect of maintainability of the writ petition against issuance of show cause notice under Section 50 DP Act, Mr.Ajay Burman, learned counsel for the Petitioner submitted that the show cause notice under Section 50 DP Act has been issued to the Petitioner on the basis of stale cases wherein the Petitioner already stands acquitted. Learned counsel for the Petitioner further submitted that if the Petitioner is able to bring on record that the notice has been issued mala fide, then the writ petition is maintainable and even show cause notice can be challenged invoking the writ jurisdiction of this Court. Mr.Ajay Burman, learned counsel for the Petitioner submitted that there are various decisions by this Court wherein notices issued under Section 50 of DP Act have been quashed on the ground that the same have been issued mala fide in the absence of any allegations which could form basis for issuance of such notice.

(3.) Before examining whether the Petitioner has been able to bring on record that the issuance of notice under Section 50 DP Act was mala fide, it is necessary to have a look into the averments made in the present petition.