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Sonu @ Arvind Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 10438 of 2007 [2007] RD-AH 14963 (3 September 2007)

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Crl. Misc. Writ Petition No. 10438 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Sudhir Agarwal, J.

Heard learned counsel for the petitioner.

On 1.8.2007, the following order was passed in this case.

"Heard learned counsel for the petitioner, learned AGA and perused the record.

It is contended by the learned counsel for the petitioner that the notice dated 24.3.2007 under section 3 of U.P. Control of Goondas Act, 1970 (Annexure-3) issued by the Additional District Magistrate, Jaunpur suffers from infirmities as it does not contain the general nature of material allegations. His further contention is that earlier to the issuance of this notice a notice dated 28.7.2005 (Annexure-2) was also issued to the petitioner against which the petitioner filed objection and the same is pending for disposal before the competent authority, therefore, during the pendency of earlier proceeding the similar proceeding can not be initiated as it is not permissible under the law.

Considering the facts and circumstances of the case learned A.G.A. is granted three weeks' time to file counter affidavit.

List on 3rd September, 2007.

Till then the proceeding in pursuance of the notice dated 24.3.2007 pending in the court of A.D.M. Jaunpur shall remain stayed."

No counter affidavit has been filed so far by the A.G.A.

In the circumstances, we allow the writ petition and quash the impugned show cause notice dated 24.3.2007 issued under the U.P. Control of Goondas Act, 1970, on the ground that it does not fulfill the requirement of the Full Bench decision of this Court in the case of Bhim Sain Tyagi Versus State of U.P., 1999 (39) A.C.C. 321.

Dated: August 3, 2007



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