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Intezar Ahmad v. State Of U.P. Thru' Secyr. Home And Others - CRIMINAL MISC. WRIT PETITION No. 5098 of 2007  RD-AH 7622 (25 April 2007)
Court No. 36
Crl. Misc. Writ Petition no. 5098 of 2007
Intezar Ahmad . . . . . . . . . .. . . . . . . . . . . . . . . . Petitioner.
District Magistrate, Firozabad and others . . . . . . Respondents.
Hon'ble Yatindra Singh,J.
Hon'ble R.K. Rastogi,J.
This is a writ petition against show cause notice 16.3.2007 under section 3 of the U.P. Control of Gundas Act.
Heard learned counsel for the petitioner and the learned A.G.A for the respondents.
The question of validity of the notice under the above Act has been considered by two Full Benches of this Court in 'Ramji Pandey Vs. State of U.P. and others' 1981(2) Cr.L.J. 1083 and 'B.S. Tyagi Vs. State of U.P. and others ' 1999(39) ACC 34. In these cases notices were quashed on the ground that the notices did not provide general nature of the material allegations against the petitioners. The notice in the present case is similar to the notices that were quashed by the Full Benches.
In view of the reasons given in the Full Bench decisions, the writ petition is allowed and the impugned notice dated 16.3.2007 ( Annexure no.1 to the writ petition ) is quashed. However, it will be open to the respondents to proceed a fresh after giving fresh notice to the petitioner in accordance with law.
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