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SATPAL SINGH & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Satpal Singh & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 18035 of 2007 [2007] RD-AH 17902 (15 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble R.C. Deepak, J.

Hon'ble K. N. Ojha, J.

Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

It is contended by the learned counsel for the petitioners that the notices dated 4th October 2007 appended as Annexure 1 to all the petitioners do not disclose the general nature of material allegation, as required under Section 3 (1) of the U.P.Control of Goondas Act 1970, therefore, it is no notice in the eye of law.

Learned AGA does not dispute the genuineness of the notices and the arguments advanced by the learned counsel for the petitioners.

In above view of the matter, the notices dated 4th October 2007 of the petitioners, are hereby quashed. The District Magistrate concerned is at liberty to issue fresh notices under Section 3(1) of the U.P.Control of Goondas Act against the petitioners within ten days from the date of presentation of a certified copy of the order.

The petition stands disposed of accordingly.

Dt/-15th November 2007

PKG/5 (18035/07)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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